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Full text of "North Carolina Register v.12 no. 12 (12/15/1997)"

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NORTH CAROLINA 

REGISTER 



VOLUME 12 • ISSUE 12 • Pages 990 - 1092 
December 15, 1997 



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IN THIS ISSUE 

Revenue - Tax Review Board 

Voting Rights Letter 

Administrative Hearings 

Environment and Natural Resources 

Human and Health Services 

Justice 

Optometry, Board of Examiners 

Public Education 

Transportation 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below. The bolded headings are typical issues which the given agency 
can address, but are not inclusive 



Rule Notices, Filings. Register. Deadlines. Copies of Proposed Rules, etc. 

Office of Administrative Hearings 

Rules Division 

Capehart-Crocker House (9 1 9) 73 3 -2678 

424 North Blount Street (919) 733-3462 FAX 

Raleigh, North Carolina 27601-2817 



contact: Molly Masich. Director APA Services 
Rubv Creech. Publications Coordinator 



mmasich fl oah state, nc us 
rcreechSoah. state nc. us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

1 16 West Jones Street 

Raleigh, North Carolina 27603-8005 

contact: Mark Sisak. Economist III 
Anna Tefft. Economist II 



(919)733-7061 
(919) 733-0640 FAX 

msisak'S'osbmstate.nc.us 
atefft@osbm. state, nc. us 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenwood Ave., Suite 159 
Raleigh. North Carolina 27605 

contact: Joe DeLuca Jr.. Staff Director Counsel 
Bobby Bryan. Staff Attorney 



(919)733-2721 
(919) 733-9415 FAX 



Legislative Process Concerning Rule Making 

Joint Legislative Administrative Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (919) 733-2578 

Raleigh. North Carolina 2761 1 (919) 715-5460 FAX 



contact. Mary Shuping. Staff Liaison 



marys@ms ncga.state.nc.us 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

215 Nonh Dawson Street (919) 715-2893 

Raleigh. North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
215 North Dawson Street 
Raleigh. North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



> 



NORTH CAROLINA 
REGISTER 




Volume 12, Issue 12 
Pages 990 - 1092 



December 15, 1997 



This issue contains documents officially filed 
through November 20, 1997. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 2761 1-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson. Editorial Assistant 



IN THIS ISSUE 



I. IN ADDITION 

Revenue - Tax Review Board 990 - 991 

Voting Rights Letter 992 

II. RULE-MAKING PROCEEDINGS 

Environment and Natural Resources 

Environmental Management 993 - 994 

Human and Health Services 

Social Services 993 

Justice 

Alarm Systems Licensing Board 993 

III. PROPOSED RULES 
Environment and Natural Resources 

Marine Fisheries Commission 1002 - 1004 

Parks & Recreation Authority 1046 - 1050 

Wildlife Resources Commission 1004 - 1046 

Justice 
Sheriffs' Education & Training Standards .... 995-1002 

Licensing Board 
Optometry, Board of Examiners 1058 - 1059 

Public Education 

Elementary & Secondary Education 1050 - 1052 

Public School Administration 1052 - 1053 

Transportation 

Highways, Division of 1053 - 1058 

IV. TEMPORARY RULES 
Administrative Hearings 

Civil Rights Division 1071 - 1073 

Environment and Natural Resources 

Health Services 1064 - 1071 

Marine Fisheries Commission 1063 - 1064 

Human Resources 

Mental Health, Developmental Disabilities & 

Substance Abuse Services 1060 - 1063 

Public Education 

Elementary & Secondary Education 1071 

V. RULES REVIEW COMMISSION 1074 - 1078 

VI. CONTESTED CASE DECISIONS 

Index to ALI Decisions 1079 - 1086 

Text of Selected Decisions 
97 OSP 0402 1087 - 1091 

VII. CUMULATIVE INDEX 1-63 



> 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg1212nort 



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IN ADDITION 



STATE OF NORTH CAROLINA 

COUNTY OF WAKE 

IN THE MATTER OF: 

The Proposed Denial of Refund 

of Income Tax for the taxable 

years of 1992, 1993 and 1994 

by the Secretary of Revenue 

against Edmond C. and Grace 

Edwards 



BEFORE THE 
TAX REVIEW BOARD 



ADMINISTRATIVE 
DECISION NUMBER 335 



THIS MATTER was heard before the Tax Review Board on Wednesday, July 2, 1997, in the City of Raleigh, Wake 
County, North Carolina, in the office of the State Treasurer. It involved the petition for administrative review filed by Edmond 
C. and Grace Edwards (hereinafter "Taxpayers") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and 
Administrative Services (hereinafter "Assistant Secretary") entered on February 13, 1997, sustaining the denial of Taxpayers' claims 
for refund of individual income taxes for the taxable periods 1992 through 1994. The Assistant Secretary also upheld an assessment 
of individual income tax for tax year 1994 and made additional adjustments to Taxpayers' tax liability for 1993. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Jo Anne Sanford, Chair, Utilities Commission 
and duly appointed member, Noel L. Allen, attorney at law participating. 

C. Roland Young, Tax Consultant and Taxpayer, Edmond C. Edwards appeared at the hearing. Kay Linn Miller Hobart, 
Assistant Attorney General, appeared at the hearing on behalf of the Department of Revenue. 

The issue presented on administrative review was: 

Whether the Secretary erred in sustaining the denial of Taxpayers' claims for refund of individual income taxes for the 
taxable periods 1992 through 1994. 

The scope of administrative review for petitions filed with the Tax Review Board is governed by G.S. §105-241 .2(b2). 
G.S. §105-241.2 states in pertinent part: 

(b2). ... "after conducting a hearing, the Board shall confirm, modify, reverse, reduce or 
increase the assessment or decision of the Secretary." 

After the hearing, the Board carefully reviewed Taxpayers' petition, the brief, the final decision and the record of the 
proceeding before the Assistant Secretary and upon review of the documents submitted and after considering the arguments 
presented by the parties, the Board determined that the findings of fact made by the Assistant Secretary were fully supported by 
competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by the findings 
of fact, and that the decision of the Assistant Secretary was fully supported by the conclusions of law. Therefore, the Board 
determined that the Assistant Secretary did not err in sustaining the denial of Taxpayers' claims for refund for the taxable periods 
of 1992, 1993 and 1994 because he properly concluded that retirees cannot pay dependent health premiums on a pre-tax basis from 
their retirement benefits for North Carolina individual income tax purposes. The Board therefore determined that the Assistant 
Secretary's final decision was supported by competent, material and substantia] evidence in the record. 

IT IS THEREFORE ORDERED, that the Final Decision of the Assistant Secretary be and is hereby CONFIRMED in 

every respect. 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



990 



IN ADDITION 



Entered this the 18th day of August , 1997. 



TAX REVIEW BOARD 

/s/Harlan E. Boyles, Chairman 

/s/Jo Anne Sanford, Chair 
Utilities Commission 

/s/Noel L. Allen, member 



♦ 



% 



♦ 



991 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



IN ADDITION 



♦ 



U.S. Department of Justice 



IKP:GS:NG:tlb 
DJ 166-012-3 
97-2770 



Novembers, 1997 



Albert M. Benshoff, Esq. 

City Attorney 

P.O. Box 1388 

Lumberton, North Carolina 28359 



Dear Mr. Benshoff: 



Civil Rights Division 



Voting Section 
PO. Box 66128 
Washington, DC 20035-6128 



I 



This refers to the August 11, 1997, annexation to the City of Lumberton in Robeson County, North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your 
submission on September 2, 1997. 

The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the change. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 



Sincerely. 

Isabelle Katz Pinzler 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Chief, Voting Section 



• 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



992 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a 
rule. Publication of a temporary rule senses as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency sen'es as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: 
G.S. 150B-21.2. 



TITLE 10 - HUMAN AND HEALTH SERVICES 



CHAPTER 24 - SOCIAL SERVICES 



subsequently publish in the Register the text of the rules it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 



A Jotice of Rule-making Proceedings is hereby given by the 
1 V Social Services Commission in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Register the text of the rules it proposes to adopt as a result 
of this notice of ride-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

10 NCAC 24A .0508. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: S.L. 1997-497 



Statement of the Subject Matter: 

regarding garnishment 



Advisory to counties 



Reason for Proposed Action: Action to adopt temporary 
rules is required to insure that rules of the Social Services 
Commission are consistent with S.L. 1997-497. Current APA 
rules for recoupment of benefits do not address all programs 
of public assistance and do not include garnishment as a 
remedy. The ability to petition the court for an order of 
garnishment of wages is a new remedy and shall be used only 
after all administrative remedies have been exhausted 
unsuccessfully. This action is necessary because a section 
was added to G.S. 108A-25, which permits county 
departments of social senices to petition the court for 
garnishment of wages to recoup fraudulent public assistance 
program payments. The law became effective December 1. 
1997. 

Comment Procedures: Anyone wishing to comment should 
contact Sharnese Ransome, APA Coordinator. Social Services 
Commission, NC Division of Social Senices, 325 N. 
Salisbury St., Raleigh, NC 27603, phone 919/733-3055. 



TITLE 12 - DEPARTMENT OF JUSTICE 



Citation to Existing Rules Affected by this Rule-Making: 

12 NCAC 11 .0204(a)(2). Other rules may be proposed in 
the course of the ride-making process. 

Authority for the rule-making: G.S. 74D-5 

Statement of the Subject Matter: The amendment will 
require applicants who are filing for renewal of a license to 
submit a criminal record check for each county where the 
applicant has resided within the immediately preceding 
twenty-four (24) months. 

Reason for Proposed Action: The legislature has amended 
the Alarm Systems Licensing Act whereby a license is now 
valid for twenty-four months instead of twelve months. 
Currently, an applicant for rene^val of the two year license 
only has to submit a criminal record check for twelve months 
instead of twenty-four months. Tfie amendment will require 
the applicant who files for renewal to submit a criminal 
record check for the preceding twenty -four months. 

Comment Procedures: Written comments concerning this 
rule-making activity may be submitted to W.A. Hoggard, III, 
Administrator, NC Alarm Systems Licensing Board, 3320 Old 
Garner Road, Raleigh, NC 27626. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

~\ Jotice of Rule-making Proceedings is hereby given by the 
1 V DENR - Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Re gister the text of the rule it 
proposes to adopt as a result of this notice of ride-making 
proceedings and any comments received on this notice. 



CHAPTER 11 - N.C. ALARM SYSTEMS 
LICENSING BOARD 

\ Jotice of Rule-making Proceedings is hereby given by the 
1 V North Carolina Alarm Systems Licensing Board in 
accordance with G.S. 150B-21.2. The agency shall 



Citation to Existing Rules Affected by this Rule-Making: 

15 A NCAC 2B .0308. Other rules may be proposed in the 
course of the rule-making process. 



Authority for the rule-making: 

215.1; 143-215. 3(a)(1) 



G.S. 143-214.1; 143- 



993 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



RULE-MAKING PROCEEDINGS 



Statement of the Subject Matter: Proposed reclassification 
of Armstrong Creek and tributaries in McDowell County from 
Class WS-II Tr (Trout) to Class C Tr HQW (High Quality 
Waters). 

Reason for Proposed Action: McDowell County officials 
have requested that the Division of Water Quality (DWQ) 
remove the WS-II water supply classification from Armstrong 
Creek. Armstrong Creek is used by Coats American as a 
source for process water and drinking water for its 
employees. The company has switched to well water for their 
drinking water supply source. The current WS-II 
classification allows for general wastewater discharge 
permits only. If Armstrong Creek is reclassified to HQW, 
domestic and industrial wastewater discharges would be 
allowed. However, new or expanding dischargers would 
have more stringent treatment requirements. Under the 
current WS-II classification, development is limited to 2 
dwelling units (du) per acre in the Critical Area (CA) and I 
du per acre in the balance of the watershed. A high density 
option requiring stormwater controls allows for development 
up to 24% built upon area in the CA and up to 30% built 
upon area in the balance of the watershed. If reclassified to 
HQW, development would be permitted at I du per acre 
under the low density option. The HQW high density option 
(with stormwater controls) does not specify an upper limit on 
development density. The criteria for designation to High 
Quality Waters as defined in 15 A NCAC 2B .0201 includes 
those waters which are rated as excellent based on biological 



and physical/chemical characteristics through DWQ 
monitoring or special studies, native and special native trout 
waters designated by the Wildlife Resources Commission, 
primary nursery areas designated by the Marine Fisheries 
Commission and other functional nursery areas designated by 
the Wildlife Resources Commission, critical habitat areas 
designated by the Wildlife Resources Commission or the 
Department of Agriculture, all water supply watersheds which 
are either classified as WS-I or WS-II or those for which a 
formal petition for reclassification as WS-I or WS-II has been 
received from the appropriate local government and accepted 
by the Division of Water Quality, and all Class SA waters. 
Studies conducted by the Environmental Sciences Branch 
show that Armstrong Creek has excellent water quality and it, 
and all tributaries, is recommended for reclassification to 
HQW. 

Comment Procedures: The purpose of the announcement is 
to encourage those interested in this proposal to provide 
written comments. Written comments, data, or other 
information relevant to this proposal must be submitted by 
February 13, 1998. It is very important that all interested 
and potentially affected persons or parties make their views 
known to the Environmental Management Commission (EMC) 
whether in favor or opposed to any and all provisions of the 
proposal being noticed. Written comments may be submitted 
to: Liz Kovasckitz, DENR/Division of Water Quality, 
Planning Branch, PO Box 29535, Raleigh, NC 27626-0535. 
(919) 733-5083. ext. 572. 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



994 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory 
reference: G.S. 150B-21.2. 



TITLE 12 - DEPARTMENT OF JUSTICE 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Sheriffs' Education and 
Training Standards Commission intends to adopt rules cited 
as 12 NCAC WB .1301- .1304; and to amend rules 10B 
.0103, .0401 - .0403, .0406 - .0409, .0701 - .0702, .2002, 
.2101 - .2102, .2104 - .2105. Notice of Rule-making 
Proceedings was published in the Register on September 10, 
1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 8:30 a.m. on 
February 11, 1998 at 114 W. Edenton St.. Room G-19, 
Raleigh, NC 27602. 

Reason for Proposed Action: .0103 - Rule changes will: 1) 
define telecommunicator's date of appointment: 2) modify the 
definition of "department head" to include the chief 
administrator of communication centers; 3) expand the 
definition of dual certification to include telecommunicators; 
and 4) define telecommunicator. . 0401 - Rule change will set 
out that telecommunicators under the control of the Sheriff 
must be certified and telecommunicators not under the 
Sheriff's control may be presented to the Division for 
certification. 

.0402 - Rule change will set out when the probationary 
period for a telecommunicator will begin. .0403 - Rule 
change will make rule applicable to telecommunicators. 
.0406 - Rule change will allow for the reinstatement of a 
telecommunicator's certification. .0407 - Rule change will 
allow for the certification of a former Sheriff as a 
telecommunicator. . 0408 - Rule change will allow for the 
waiver of compliance with this rule, provided an individual 
holds certification in another capacity (to include 
telecommunicators) at the same agency and changes capacity 
(to include telecommunicators) with no break in service. 
.0409 - Rule change will allow for the waiver of compliance 
with this rule, provided an individual holds certification in 
another capacity at the same agency and changes capacity 
with no break in senice. .0701 - Rule change will substitute 
"justice officers "for "sheriffs' department personnel", so 
that it will apply to telecommunicators, as well as deputy 
sheriffs and detention officers. .0702 - Rule change will set 
out administration matters concerning the Basic 
Telecommunicator Course. . 1300 - Rule adoption will set out 
Minimum Standards of Training for Telecommunicators as 
follows: 1). 1301 Purpose; 2) .1302 - Basic 
Telecommunicator Course; 3) .1303 - Time Requirement for 



Completion of Basic Telecommunicator Course; and 4) .1304 
- Evaluation for Training Waiver. .2002, .2101, .2102, 
.2104, .2105 - Rule changes will make in-service Firearms 
Training and Requaliftcation mandated only for deputy 
sheriffs and detention officers. Language, if left alone, would 
require all Justice Officers (which would include t- 
elecommunicators) to qualify annually. 

Comment Procedures: Please contact the agency contact 
person with any questions or comments concerning this 
information. Barbara D. Moore, (919) 716-6460 

Fiscal Note: Rule 12 NCAC 10B .0401 does affect the 
expenditures and revenues of state and local government 
funds. 12 NCAC 10B .1302 - .1304 do affect expenditures 
and revenues of state government finds only. 12 NCAC 10B 
.0304 does affect the expenditures and revenues of local 
government funds. 12 NCAC 10B .0103, .0402 - .0403, 
.0406 - .0409, .0701 - .0702, .1301, .2002, .2101 - .2102, 
and .2104 - .2105 do not affect the expenditures and revenues 
of state and local government funds. These Rules do not have 
a substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION AND 
TRAEVING STANDARDS COMMISSION 

SUBCHAPTER 10B - N.C. SHERIFFS' EDUCATION 

AND TRAINING STANDARDS 

COMMISSION 

SECTION .0100 - COMMISSION ORGANIZATION 
AND PROCEDURES 

.0103 DEFTNITIONS 

In addition to the definitions set forth in G.S. 17E-2, the 
following definitions apply throughout this Chapter, unless 
the context clearly requires otherwise: 

(1) "Appointment" as it applies to a deputy sheriff 
means the date the deputy's oath of office is 
administered, administered; and as it applies to a 
detention officer means either the date the detention 
officer's oath of office was administered, if 
applicable, or the detention officer's actual date of 
employment as reported on the Report of 
Appointment (Form F-4) by the employing agency, 
whichever is ea r lie r , earlier: and as it applies to a 
telecommunicator, the telecommunicator's actual 
date of employment as reported on the Report of 
Appointment (Form F-4). 



995 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



I 



(4) 



(5) 
(6) 



I 



• 



(2) "Convicted" or "Conviction" means and includes, 
for purposes of this Chapter, the entry of: 

(a) a plea of guilty; 

(b) a verdict or finding of guilt by a jury, judge, 
magistrate, or other duly constituted, 
established, and recognized adjudicating 
body, tribunal, or official, either civilian or 
military; or 

(c) a plea of no contest, nolo contendere, or the 
equivalent. 

(3) "Department Head" means the chief administrator 
of any criminal justice agency, agency or 
communications center. Department head includes 
the sheriff or a designee formally appointed in 
writing by the Department head. 
"Director" means the Director of the Sheriffs' 
Standards Division of the North Carolina 
Department of Justice. 

"Division" means the Sheriffs' Standards Division. 
"High School" means a school accredited as a high 
school by; 

(a) the Department or Board of Education of the 
state in which the high school is located; or 

(b) the regional accrediting body; or 

(c) the state university of the state in which the 
high school is located. 

(7) "Enrolled" means that an individual is currently 
actively participating in an on-going formal 
presentation of a commission-accredited basic 
training course which has not been concluded on 
the day probationary certification expires. 

(8) "Essential Job Functions" means those tasks 
deemed by the agency head to be necessary for the 
proper performance of a justice officer. 

(9) "Lateral Transfer" means certification of a justice 
officer when the applicant for certification has 
previously held general or grandfather certification 
as a justice officer or a criminal justice officer as 
defined in G.S. 17C-2(c), excluding state 
correctional officers, state probation/parole 
officers, and state youth services officers, provided 
the applicant has been separated from a sworn law 
enforcement position for no more than one year, or 
has had no break in service. 

(10) "Misdemeanor" means those criminal offenses not 

classified by the North Carolina General Statutes, 

the United States Code, the common law, or the 

courts as felonies. Misdemeanor offenses are 

classified by the Commission as follows: 

(a) "Class A Misdemeanor" means an act 

committed or omitted in violation of any 

common law, duly enacted ordinance or 

criminal statute of this statewhich is not 

classified as a Class B Misdemeanor pursuant 

to Sub-item (10)(b) of this Rule. Class A 

Misdemeanor also includes any act 

committed or omitted in violation of any 



(b) 



common law, duly enacted ordinance, 
criminal statute, or criminal traffic code of 
any jurisdiction other than North Carolina, 
either civil or military, for which the 
maximum punishment allowable for the 
designated offense under the laws, statutes, 
or ordinances of the jurisdiction in which the 
offense occurred includes imprisonment for a 
term of not more than six months. 
Specifically excluded from this grouping of 
"Class A Misdemeanor" criminal offenses 
for jurisdictions other than North Carolina, 
are motor vehicle or traffic offenses 
designated as misdemeanors under the laws 
of other jurisdictions, or duly enacted 
ordinances of an authorized governmental 
entity with the exception of the offense of 
driving while impaired which is expressly 
included herein as a class A misdemeanor, if 
the offender could have been sentenced for a 
term of not more than six months. Also 
specifically included herein as a Class A 
Misdemeanor is the offense of driving while 
impaired, if the offender was sentenced 
under punishment level three [G.S. 20- 
179(i)], level four [G.S. 20-179(j)], or level 
five [G.S. 20-179(k)]. Class "A" 

Misdemeanor shall also include acts 
committed or omitted in North Carolina 
prior to October 1, 1994 in violation of any 
common law, duly enacted ordinance or 
criminal statute, of this state for which the 
maximum punishment allowable for the 
designated offense included imprisonment 
for a term of not more than six months. 
"Class B Misdemeanor" means an act 
committed or omitted in violation of any 
common law, criminal statute, or criminal 
traffic code of this state which is classified as 
a Class B Misdemeanor as set forth in the 
"Class B Misdemeanor Manual" as published 
by the North Carolina Department of Justice 
and shall automatically include any later 
amendments and editions of the incorporated 
material as provided by G.S. 150B-21.6. 
Copies of the publication may be obtained 
from the North Carolina Department of 
Justice, Post Office Box 629, Raleigh, North 
Carolina 27602. There is no cost per manual 
at the time of adoption of this Rule. Class B 
Misdemeanor also includes any act 
committed or omitted in violation of any 
common law, duly enacted ordinance, or 
criminal statute, or criminal traffic code of 
any jurisdiction other than North Carolina, 
either civil or military, for which the 
maximum punishment allowable for the 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



996 



PROPOSED RULES 



(11) 



(12) 



designated offense under the laws, statutes, 
or ordinances of the jurisdiction in which the 
offense occurred includes imprisonment for a 
term of more than six months but not more 
than two years. Specifically excluded from 
this grouping of "Class B Misdemeanor" 
criminal offenses for jurisdictions other than 
North Carolina, are motor vehicle or traffic 
offenses designated as being misdemeanors 
under the laws of other jurisdictions with the 
following exceptions: Class B Misdemeanor 
does expressly include, either first or 
subsequent offenses of driving while 
impaired if the maximum allowable 
punishment is for a term of more than six 
months but not more than two years, and 
driving while license permanently revoked or 
permanently suspended. "Class B 
Misdemeanor" shall also include acts 
committed or omitted in North Carolina 
prior to October 1, 1994 in violation of any 
common law, duly enacted ordinance, or 
criminal statute, of this state for which the 
maximum punishment allowable for the 
designated offense included imprisonment 
for a term of more than six months but not 
more than two years. Specifically excluded 
from the grouping of "Class B 
misdemeanors" committed or omitted in 
North Carolina prior to October 1, 1994 are 
motor vehicle or traffic offenses designated 
as being misdemeanors under Chapter 20 
(motor vehicles) of the General Statutes of 
North Carolina, with the following 
exceptions: "Class B misdemeanors" 
committed or omitted in North Carolina 
prior to October 1, 1994 expressly include, 
either first or subsequent offenses of G.S. 
20-138(a) or (b), G.S. 20-166 (duty to stop 
in the event of an accident), G.S. 20-138.1 
(impaired driving) if the defendant was 
sentenced under punishment level one [G.S. 
20-179(g)] or punishment level two [G.S. 
20- 179(n)] for the offense, and shall also 
include a violation of G.S. 20-28(b) [driving 
while license permanently revoked or 
suspended] . 
"Felony" means any offense designated a felony by 
the laws, statutes, or ordinances of the jurisdiction 
in which the offense occurred. 
"Dual Certification" means that a justice officer 
holds probationary, general, or grandfather 
certification in two or more of the following 
positions with the same agency: as both a de p uty 
sh e riff — ami — sheriff; — a — detention — office r — or 
telecommunicate ) ! - with the same em p l o ying agency. 
(a) deputy sheriff: 



(b) detention officer: 

(c) telecommunicator. 

(13) "Detention Officer" means any person performing 
responsibilities, either on a full-time, part-time, 
permanent or temporary basis, which include but 
are not limited to the control, care, and supervision 
of any inmates incarcerated in a county jail or other 
confinement facility under the direct supervision 
and management of the sheriff. "Detention 
Officer" shall also mean the administrator and the 
other custodial personnel of district confinement 
facilities as defined in G.S. 153A-219. 

(14) "Deputy Sheriff" means any person who has been 
duly appointed and sworn by the sheriff and who is 
authorized to exercise the powers of arrest in 
accordance with the laws of North Carolina. 

(15) "Telecommunicator" means any person performing 
responsibilities, either on a full-time, part-time, 
permanent or temporary basis, for communication 
functions to include but not limited to receiving 
calls or dispatching for emergency and law 
enforcement services. 

t+5) (16) "Commission" as it pertains to criminal 
offenses shall mean a finding by the North Carolina 
Sheriffs' Education and Training Standards 
Commission or an administrative body, pursuant to 
the provisions of Chapter 150B of the North 
Carolina General Statutes, that a person performed 
the acts necessary to satisfy the elements of a 
specified criminal offense. 

f-Hr) (17) "Sworn Law Enforcement Position" means a 
position with a criminal justice agency of the 
United States, any state, or a political subdivision 
of any state which, by law, has general power of 
arrest held by a person who has successfully 
completed the North Carolina Basic Law 
Enforcement Training Course. 

Authority G.S. 17E-7. 

SECTION .0400 - CERTIFICATION OF DEPUTY 
SHERIFFS 

.0401 CERTIFICATION OF PERSONNEL 

(a) Every person performing the duties of a deputy sheriff 
or a detention officer as defined in 12 NCAC 10B .0103 (13) 
and (14), except those certified pursuant to 12 NCAC 10B 
.0407, 12 NCAC 10B .0407: and every person performing 
the duties of a telecommunicator as defined in 12 NCAC 1QB 
.0103(15) and who is under the direct supervision and control 
of the Sheriff, shall meet the certification requirements of this 
Subchapter. 

(b) Every person performing the duties of a 
telecommunicator as defined in 12 NCAC 10B .0103(15) who 
is not under the direct supervision and control of the Sheriff, 
may be appointed to the Division by the employing entity for 
purposes of obtaining certification: and if so appointed, shall 



997 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



meet the requirements of this Subchapter. 
Authority G.S. 17E-4; 17E-7. 

.0402 PROBATIONARY CERTIFICATION 

All justice officers, except those transferred or reinstated 
pursuant to Rule .0406 shall serve a probationary certification 
period of one year; provided that the one year probationary 
period has not been extended for cause pursuant to 12 NCAC 
10B .0303(c); .0503(a); or .0602(a). .0602(a) or .1303(a). 
For certification as a deputy sheriff the probationary period 
begins on the date the officer took the Oath of Office. For 
certification as a detention office r , officer or 
telecommunicator. the probationary period begins on the date 
the office r person was appointed as a d e t e n t ion office r - 
appointed. 

Authority G.S. 17E-4; 17E-7. 

.0403 PROBATIONARY CERTIFICATION 
REQUIREMENT 

(a) For certification as a justice officer, de p u t y sheriff o r 
detention — office r , a Report of Appointment De p uty 
She r iff/Detention Office r ( Form F-4) must be submitted to 
the Division. Report of Appointment forms must be 
submitted to the Division by the she r iff's — departmen t 
appointing agency no later than ten days after the deputy 
sheriff has taken the Oath of Offic e Office, or the detention 
officer or the telecommunicator has been appointed. The 
Division shall forward the justice officer's certification to the 
appointing agency. De p a r tment . 

(b) No justice office r deputy sheriff or detention officer 
probationary certification wttt shall be issued by the Division 
prior to the applicant meeting the conditions set forth in this 
Paragraph. As an additional requirement for probationary 
certification, the applicant shall meet the following 
requirements: 

(1) If the applicant for probationary certification is 
authorized to carry a firearm pursuant to the 
provisions of 12 NCAC 10B .2104, the employing 
agency shall submit evidence of satisfactory 
completion of the employing agency's in-service 
firearms training and requalification program 
pursuant to 12 NCAC 10B .2000 and .2100; or 

(2) If the applicant for probationary certification is not 
authorized to carry a firearm pursuant to the 
provisions of 12 NCAC 10B .2104, the employing 
agency shall notify the Division, in writing, that 
the applicant is not authorized to carry a firearm. 

Authority G.S. 17E-4; 17E-7. 

.0406 LATERAL TRANSFER/REINSTATEMENTS 

(a) An officer meeting the requirements of 12 NCAC 10B 
.0103(9) may laterally transfer to an agency and be certified 
upon compliance with this Rule. 

(b) The employing agency shall verify the applicant's 



certification status with the Division prior to submission of 
the application for certification as a justice officer. 

(c) In order for an officer to be certified pursuant to this 
Rule, the employing agency shall submit to the Division, 
along with the Report of Appointment (F-4), the following 
documents: 

(1) fingerprint cards and criminal history records 
checks as specified in 12 NCAC 10B .0303; 

(2) the applicant's Medical History Statement (F-l) and 
Medical Examination Report (F-2) as specified in 
12 NCAC 10B .0304; 

(3) evidence of a negative result on a drug screen 
administered according to the specifications as 
outlined in 12 NCAC 10B .0301(6); 

(4) a copy of the Oath of Office for applicants 
requesting certification as a deputy sheriff; 

(5) evidence of satisfactory completion of the 
employing agency's in-service firearms training and 
requalification program pursuant to 12 NCAC 10B 
.2000 and .2100; 

(6) documentary evidence of high school, college or 
university g r aduation to the employing ag e ncy. 
graduation. Documentary evidence consists of 
diplomas from recognized public schools or 
approved private high schools, colleges or 
universities which meet approval guidelines of the 
North Carolina Department of Public Instruction or 
a comparable out of state agency; agency . or 
documentary Documentary evidence of the 
attainment of satisfactory scores on any military 
high school equivalency examination will be 
acceptable as evidence of high school school 
graduation if verified by a true copy of the 
veteran's DD214. 

(d) An officer whose certification has been suspended 
pursuant to 12 NCAC 10B .0204(b)(1) may have that 
certification reinstated provided that: 

(1) the period of suspension has been one year or less; 
and 

(2) the officer has successfully completed the basic 
training requirements as prescribed in 12 NCAC 
10B .0500 or 766667 .0600 or .1300. 

(e) Requirements of Paragraph (c) of this Rule are waived 
for officers whose certifications are reinstated pursuant to 
Paragraph (d) of this Rule. 

(f) All information maintained pursuant to the 
requirements of this Rule shall be subject to all state and 
federal laws governing confidentiality. 

Authority G.S. 17E-4; 17E-7. 

.0407 CERTIFICATION OF FORMER SHERIFF 

(a) The Division shall issue a General Certification to any 
person as either a deputy sheriff sheriff, or a detention office r 
officer, or telecommunicator who has previously served as an 
elected or appointed sheriff, if the person: 

(1) applies to the Commission within one year of 



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PROPOSED RULES 



ceasing to serve as an elected or appointed sheriff: 
and 

(2) has served as an elected or appointed sheriff for a 
minimum of eight years; and 

(3) left the office of sheriff in good standing. 

(b) In order for an officer to be certified under this Rule 
.0407, there must be: 

(1) compliance with the Report of Appointment form 
requirement of Rule .0403; 

(2) submitted to the Division, a copy of the Oath of 
Office for applicants requesting certification as a 
deputy sheriff; and 

(3) submitted to the Division verification that the 
applicant meets the requirement of this Rule 
.0407(a)(2). 

Authority G.S. 17E-4; 17E-7. 

.0408 VERIFICATION OF RECORDS TO DIVISION 

(a) Prior to the probationary certification of each justice 
officer, for the purpose of verifying compliance with these 
Rules, the employing agency shall submit to the Division, 
along with the Report of Appointment (F-4), copies of the 
following documents: 

(1) verification of the applicant's compliance with the 
educational requirement pursuant to 12 NCAC 10B 
.0302(a); 

(2) certified copy of the applicant's Oath of Office, if 
applying for certification as a deputy sheriff; 

(3) the applicant's Medical History Statement (F-l); 

(4) the applicant's Medical Examination Report (F-2 
and F-2A); 

(5) the applicant's notarized Personal History 
Statement (F-3); 

(6) a summary of the applicant's background 
investigation; 

(7) documentation of negative results on a drug screen 
pursuant to 12 NCAC 10B .0301(6); 

(8) certified copies of criminal charges and dispositions 
as required in 12 NCAC 10B .0305(e) and (f); and 

(9) verification of the applicant's compliance with the 
probationary certification requirements pursuant to 
12 NCAC JOB .0403(b). 12 NCAC 10B .0403(b). 
if the applicant is a deputy sheriff or a detention 
officer . 

(b) Compliance with this Rule is waived, with the 
exception of the requirements of 12 NCAC 10B .0408(a)(9), 
for officers applying for dual certification as defined in 12 
NCAC 10B .0103(12) provided that: 

(1) the officer holds a valid certification as either a 
deputy sh er iff sheriff, or detention office r officer. 
or telecommunicator with the employing agency 
requesting dual certification; and 

(2) the officer has not had a break in service since 
initial certification with the employing agency 
requesting dual certification. 

(c) All information maintained pursuant to the 



requirements of this Rule shall be subject to all state and 
federal laws governing confidentiality. 

Authority G.S. 17E-4; 17E-7. 

.0409 EMPLOYING AGENCY RETENTION OF 
CERTIFICATION RECORDS 

(a) Each employing agency shall place in the appropriate 
justice officer's personnel file the official notification of 
either probationary or general certification. Such files shall 
be available for examination at any reasonable time by 
representatives of the Commission for the purpose of 
verifying compliance with these Rules. Each personnel file 
shall also contain: 

(1) a copy of the applicant's Report of Appointment 
(F-4); 

(2) verification of the applicant's compliance with the 
educational requirement pursuant to 12 NCAC 10B 
.0302(a); 

(3) a certified copy of the applicant's Oath of Office, if 
applying for certification as a deputy sheriff; 

(4) the results of the applicant's fingerprint records 
check and the criminal history records check; 

(5) the applicant's Medical History Statement (F-l); 

(6) the applicant's Medical Examination Report (F-2 
and F-2A); 

(7) the applicant's Personal History Statement (F-3); 

(8) a summary of the applicant's background 
investigation; 

(9) a copy of a commission-approved Firearms 
Requalification Record Form, Form for deputy 
sheriffs and detention officers who have been 
authorized to carry a weapon: 

(10) documentation of negative results on drug screen 
pursuant to 12 NCAC 10B .0301(a)(6); and 

(11) verification of the applicant's compliance with the 
probationary certification requirements pursuant to 
12 NCAC 10B .0403(b). 

(b) Compliance with this Rule is waived, with the 
exception of the requirements of 12 NCAC 10B .0409(11), 
for officers applying for dual certification as defined in 12 
NCAC 10B .0103(12) provided that: 

(1) the officer holds a valid certification as either a 
deputy sh er iff sheriff, or detention offic er officer, 
or telecommunicator with the employing agency 
requesting dual certification; and 

(2) the officer has not had a break in service since 
initial certification with the employing agency 
requesting dual certification. 

(c) All information maintained pursuant to the 
requirements of this Rule shall be subject to all state and 
federal laws governing confidentiality. 

Authority G.S. 17E-4. 

SECTION .0700 - JUSTICE OFFICERS' SERVICE 
AWARD PROGRAM 



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.0701 PURPOSE 

This Section establishes the minimum standards for the 
schools from which justice officers she r iffs' — departmen t 
p er sonnel shall receive training. These Rules witt serve to 
define the areas of responsibility for the institutions and 
personnel associated with and responsible for the delivery of 
said training programs. 

AuthoritxG.S. 17E-4. 



certified instructor and shall in no way replace the primary 
instructor. 

(c) Institutions wishing to deliver the Telecommunicator 
Certification Course must designate a school director for the 
Course. 

(d) Institutions may offer to deliver the Telecommunicator 
Certification Course after the Commission has approved the 
institution's pre -delivery report documenting who will be 
teaching the blocks of instruction for each course offering. 



.0702 ADMINISTRATION OF JUSTICE OFFICER 
SCHOOLS 

The rules covering the administration of Criminal Justice 
Schools and training programs or courses of instruction, 
codified as Title 12, Subchapter 9B, Section .0200 of the 
North Carolina Administrative Code, effective and previously 
adopted by the North Carolina Criminal Justice Education 
And Training Standards Commission are hereby incorporated 
by reference and shall automatically include any later 
amendments and editions of the incorporated material to 
apply to actions of the North Carolina Sheriffs' Education 
and Training Standards Commission with the exception of the 
Detention Officer Certification Cou r se. Course and the 
Telecommunicator Certification Course . Copies of the 
incorporated materials may be obtained at no cost from the 
Criminal Justice Standards Division, North Carolina 
Department of Justice, Sam L Ervin, Jr. Justice Building at 
114 Edenton Street 1 Wes t Mo r gan S tr ee t, Post Office 
Drawer 149, Raleigh, North Carolina 27602. 

Authority G.S. 17E-4. 

SECTION .1300 - MINIMUM STANDARDS OF 
TRAINING FOR TELECOMMUNICATORS 

.1301 PURPOSE 

This Section establishes the current minimum standards by 
which telecommunicators shall receive telecommunicator 
certification training. 

Authority G.S. 17E-4(a). 

.1302 TELECOMMUNICATOR CERTIFICATION 
COURSE 

(a) The Commission hereby accredits as its 
telecommunicator certification training program, the 40-hour 
Telecommunicator Certification Course developed by the 
North Carolina Justice Academy. 

(b) Instructors for the Telecommunicator Certification 
Course shall be certified as General Instructors by the 
Criminal Justice Education and Training Standards 
Commission. The use of guest participants in a delivery of 
the Telecommunicator Certification Course is permissible. 
However, such guest participants are subject to the direct on- 
site supervision of the primary instructor and must be 
authorized by the school director. In addition, such guest 
participants may only be used to complement the primary 



Authority G.S. 17E-4(a). 

.1303 TIME REQ/COMPLETION/ 

TELECOMMUNICATOR CERTIFICATION 
COURSE 

(a) Each telecommunicator holding temporary or 
probationary certification shall satisfactorily complete a 
commission-accredited Telecommunicator Certification 
Course. The telecommunicator shall complete such course 
within one year from the date of his/her appointment. Any 
telecommunicator who does not comply with this Rule or 
other training provisions of this Chapter shall not be 
authorized to exercise the powers of a telecommunicator. If. 
however. a telecommunicator has enrolled in a 
commission-accredited Telecommunicator Certification 
Course that concludes later than the end of the 
telecommunicator' s probationary period, the Commission 
may extend the probationary period for a period not to exceed 
6 months. 

(b) Persons having completed a commission-accredited 
Telecommunicator Certification Course and not having been 
duly appointed and certified in a telecommunicator position as 
defined in 12 NCAC 10B .0103(15) within one year of 
completion of the Telecommunicator Certification Course 
shall complete a subsequent commission-accredited 
Telecommunicator Certification Course in its entirety and 
pass the State Comprehensive Examination within the 12 
month probationary period as prescribed in 12 NCAC 10B 
.0402. unless the Director determines that a delay in applying 
for certification was due to an act of God or simple 
negligence on the part of the applicant or employing agency. 
in which case the Director may accept a 
commission-accredited Telecommunicator Certification 
Course which is over one year old. Such extension of the one 
year period shall not exceed 30 days from the expiration date 
of a commission-accredited Telecommunicator Certification 
Course. 

Authority G.S. 17E-4; 17E-7. 

. 1304 EVALUATION FOR TRAINING WAIVER 

(a) Applicants for certification with prior 
telecommunicating experience shall have been employed and 
certified in a telecommunicator position in order to be 
considered for training evaluation under this Rule. 

(b) Persons who separated from a telecommunicator 
position during their probationary period after having 



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PROPOSED RULES 



completed a commission-accredited Telecommunicator 
Certification Course and who have been separated from a 
telecommunicator position for one year or less shall serve the 
remainder of the initial probationary period, but need not 
complete an additional training program. 

(c) Persons who separated from a telecommunicator 
position during their probationary period without having 
completed a commission-accredited Telecommunicator 
Certification Course, or whose certification was suspended 
pursuant to 12 NCAC 10B .0204(b)(1). and who have 
remained separated or suspended for over one year shall 
complete a commission-accredited Telecommunicator 
Certification Course in its entirety and pass the State 
Comprehensive Examination, and shall be allowed a 12 
month probationary period as prescribed m L2 NCAC 10B 
.1303(a). 

(d) Persons previously holding Grandfather 
telecommunicator certification in accordance with G.S. 
17E-7(cl ) who have been separated from a telecommunicator 
position for more than one year and who have not previously 
completed a commission-accredited Telecommunicator 
Certification Course shall be required to complete a 
commission-accredited Telecommunicator Certification 
Course in its entirety and pass the State Comprehensive 
Examination within the 12 month probationary period as 
prescribed in 12 NCAC 10B .1303(a). 

Authority G.S. 17E-4; 17E-7. 

SECTION .2000 - IN-SERVICE TRAINING FOR 
JUSTICE OFFICERS 



.2002 TOPICAL AREAS 

The following t opical a r ea( s ) are 
minimum to p ics to be included in 



he r eby es t ablished as 
the Justic e Offic e rs' 



In-Se r vice T r aining P r og r am : 

fB Firearms T r aining and Requalifieation . 

The Firearms Training and Requalifieation for deputy- 
sheriffs and detention officers shall be included in the Justice 
Officers' In-Service Training Program. 

Authority G.S. 17E-4; 17E-7. 

SECTION .2100 - DEPUTY SHERIFFS' AND 

DETENTION OFFICERS" FIREARMS EN-SERVICE 

TRAINLNG REQUALIFICATION PROGRAM 

.2101 DEPARTMENT HEAD RESPONSIBILITIES 

The Department head is responsible fo r ensu r ing shall 
ensure that the Justice Offic er s' deputy sheriffs' and detention 
officers' In-Service Firearms Training and Requalifieation 
Program is conducted according to minimum specifications as 
outlined in 12 NCAC 10B .2103 and .2104. In addition, the 
Department head: 

( 1 ) shall maintain copies of each course of fire adopted 
for use by his department and shall make those 
courses available for review by the Commission's 



representative upon request; and 

(2) shall maintain in each officer's personnel file a 
copy of a commission-approved Firearms 
Requalifieation Record Form which verifies that 
the officer did, or did not, successfully complete 
the minimum annual in-service firearms training 
requirement; and 

(3) may, where the officer fails to successfully qualify 
with any of the weapons specified in 12 NCAC 10B 
.2104 prohibit access or possession of such weapon 
while on duty or when acting in the discharge of 
that agency's official duties and may deny the 
officer authorization to carry such weapons 
concealed when off-duty, except when the officer is 
on his/her own premises; and 

(4) shall report to the Division once each calendar year 
a roster of all justice office r s deputy sheriffs and 
detention officers who fail to successfully complete 
the annual in-service firearms training and 
qualification and shall certify that all justice 
officers required to qualify pursuant to 12 NCAC 
10B .2104 who are not listed did successfully 
complete the training. This roster shall reflect the 
annual in-service firearms training and qualification 
status of all justice office r s deputy sheriffs and 
detention officers employed by the agency as of 
December 31st of each calendar year and shall be 
received by the Division no later than the following 
January 15th; and 

(5) shall report to the Division not later than January 
15th of each calendar year a list of those justice 
officers employed by the agency who are not 
authorized by the sheriff to carry a weapon; and 

(6) may ensure that once each year all officers receive a 
review of departmental policies regarding the use of 
force. It is recommended by the Commission that 
all officers be tested on departmental policies. 

Authority G.S. 17E-4; 17E-7. 

.2102 INSTRUCTORS 

The following requirements and responsibilities are hereby 
established for instructors who conduct the Justice Office r s' 
Deputy Sheriffs' and Detention Officers' In-Service Firearms 
Training and Requalifieation Program: 

(1) The instructor shall hold "Specific Instructor 
Certification-Firearms" issued by the North 
Carolina Criminal Justice Education and Training 
Standards Commission; 

(2) The instructor shall deliver the training consistent 
with the minimum specifications as established by 
12 NCAC 10B .2103 and .2104; and shall be 
present at all times during which said training is 
being conducted to personally provide all 
supervision, classroom training, range training, and 
scoring for certification purposes; 

(3) The instructor shall document the successful or 



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unsuccessful completion of training for each officer 
on a commission-approved Firearms 

Requalification Record Form and forward such 
form to each officer's department head; 
(4) The instructor shall submit to the agency head 
copies of all courses of fire used for qualification of 
justice — office rs deputy sheriffs and detention 
officers in compliance with 12 NCAC 10B 
.2101(1). 

Authority G.S. 17E-4; 17E-7. 

.2104 IN-SERVICE FIREARMS 

REQUALIFICATION SPECIFICATIONS 

(a) All justice office r s deputy sheriffs and detention 
officers who are authorized by the sheriff to carry a handgun 
shall qualify a minimum of once each year with their 
individual and department-approved service handgun. The 
course of fire shall not be less stringent than the "Basic Law 
Enforcement Training Course" requirements for firearms 
qualification. 

(b) All justice office r s deputy sheriffs and detention 
officers who are issued, or otherwise authorized by the sheriff 
to carry a shotgun, rifle, or automatic weapon shall be 
required to qualify with each weapon respectively a minimum 
of once each year. 

(c) Qualifications conducted pursuant to Paragraphs (a) 
and (b) of this Rule shall be completed with duty equipment 
and duty ammunition or duty-type ammunition meeting the 
specifications of the duty ammunition as to type projectile, 
weight and velocity. 

(d) All justice office r s deputy sheriffs and detention 
officers who are authorized by the sheriff to carry off duty 
handguns shall qualify with their off duty handgun a 
minimum of once each year pursuant to 12 NCAC 10B .2103 
and .2104(a) and (b) with each handgun the officer carries 
off duty using ammunition approved by the sheriff. 

(e) All jus t ice office r s deputy sheriffs and detention 
officers who are issued or have access to any weapons not 
stated in this Rule must qualify with these weapons once each 
year using ammunition approved by the sheriff. 

(f) In cases where reduced-sized targets are used to 
simulate actual distances, a modified course of fire may be 
used. 

(g) To satisfy the minimum training requirements for all 
in-service firearms requalifications, a justice officer shall 
attain a minimum qualification score of 70 percent accuracy 
with each weapon once in three attempts with no more than 
three attempts on each course of fire per day. 

(h) The "In-Service Firearms Qualification Manual" as 
published by the North Carolina Justice Academy is hereby 
incorporated by reference, and shall automatically include any 
later amendments or editions of the referenced materials to 
apply as a minimum guide for conducting the annual 
in-service firearms qualification. Copies of the publication 
may be obtained from the North Carolina Justice Academy, 
Post Office Drawer 99, Salemburg, North Carolina 28385. 



There is no cost per manual at the time of adoption of this 
Rule. 

Authority G.S. 17E-4; 17E-7. 

.2105 FAILURE TO QUALIFY 

(a) Justice officers Deputy sheriffs and detention officers 
who fail to qualify pursuant to Rule .2104 shall immediately 
surrender their weapons to the sheriff, upon his request, and 
shall have 30 days in which to obtain the qualification score 
required in 12 NCAC 10B .2104. 

(b) Failure to qualify within the time period allowed in 12 
NCAC 10B .2105(a) wrtt shall result in the summary 
suspension of the justice — offic e r's deputy sheriffs or 
detention officer's certification by the Commission. 

(c) No justic e office r deputy sheriff or detention officer 
summarily suspended under Paragraph (b) of this Rule and in 
compliance with 12 NCAC 10B .0206(a)(3) may work as a 
certified justice officer until: 

(1) the sheriff forwards to the Commission 
documentary evidence verifying that the officer has 
complied with the requirements of 12 NCAC 10B 
.2103 and .2104; and 

(2) the justice office r deputy sheriff or detention officer 
and the sheriff receive from the Commission 
documentation that the Commission has terminated 
the suspension and reinstated the certification to the 
justice officer. 

(d) Any justice office r deputy sheriff or detention officer 
previously unauthorized to carry a weapon but whose status 
changed to "authorized to carry a weapon," must comply with 
the provisions set out in 12 NCAC 10B .2103 and .2104; and 
may not carry a firearm until: 

(1) the sheriff forwards to the Commission 
documentary evidence verifying that the officer has 
complied with the requirements of 12 NCAC 10B 
.2103 and .2104; and 

(2) the justice office r deputy sheriff or detention officer 
and the sheriff receive from the Commission 
documentation that the Commission has amended 
the officer's status to "authorized to carry a 
weapon" and all certification files reflect the same. 

Authority G.S. 17E-4; 17E-7. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Marine Fisheries Commission intends to amend 
rules cited as 15A NCAC 3 J .0202; 3M .0513 with changes 
from the proposed text noticed in the September 2, 1997 
Register, Volume 12, Issue 5. pages 418 - 426. 



Proposed Effective Date: August 1, 1998 



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PROPOSED RULES 



Reason for Proposed Action: To define shrimp or crab 
trawling by specifying the percentage of shrimp or crabs 
required to be in the total catch; and to establish 
proclamation authority for river herring and shad to comply 
with fishery management plan requirements and to establish a 
possession limit for shad taken by hook-and-line. 

Comment Procedures: Written comments may be submitted 
to the Marine Fisheries Commission, Attn: Juanita Gaskill, 
PO Box 769, Morehead City, NC 28557. Comments will be 
accepted through February 1, 1998. The Marine Fisheries 
Commission will consider this rule for adoption at a Business 
Meeting scheduled for February 19-20, 1998, location to be 
announced through a news release to the media. 

Editor's Note: An agency may not adopt a rule that differs 
substantially from the text of a proposed rule published in the 
Register , unless the agency publishes the text of the proposed 
different rule and accepts comments on the new text. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3J - NETS, POTS, DREDGES, 
ANDOTHER FISHING DEVICES 

SECTION .0200 - NET RULES, SPECIFIC AREAS 

.0202 ATLANTIC OCEAN 

In the Atlantic Ocean: 

(1) It is unlawful to use nets from June 15 through 
August 15 in the waters of Masonboro Inlet or in 
the ocean within 300 yards of the beach between 
Masonboro Inlet and a line running 138 ; through 
the water tank on the northern end of Wrightsville 
Beach, a distance parallel with the beach of 4,400 
yards. 

(2) It is unlawful to use trawls within one-half mile of 
the beach between the Virginia line and Oregon 
Inlet. 

(3) It is unlawful to use a trawl with a mesh length less 
than four inches in the main body, three inches in 
the extension, and one and three-fourths inches in 
the cod end or tail bag inshore of a line beginning 
at a point 34 41' 18" N - 76 ; 40' 08" W on the 
western side of Beaufort Inlet Channel (the present 
location of buoy "11" QK Fl); thence westward 
parallel to and one-half mile from the ocean back to 
a point 34 : 40' 32" N - 76 J 53' 45" W off Salter 
Path. 

(4) It is unlawful to use trawl nets, including flynets, 
southwest of the 9960-Y chain 40250 LORAN C 
line (running offshore in a southeasterly direction) 



from Cape Hatteras to the North Carolina/South 
Carolina line except: 

(a) Shrimp trawls as defined in 15A NCAC 3L 
.0103; 

(b) Crab trawls as defined in 15A NCAC 3L 
.0202; or 

(c) Flounder trawls as defined in 15A NCAC 
3M .0503. 

(5) It is unlawful to possess finfish (including pursuant 
to 15A NCAC 3M .0102) incidental to shrimp or 
crab trawl operations from December 1 through 
March 31 unless the weight of the combined catch 
of shrimp and crabs exceeds the weight of finfish: 
provided, however, it is lawful to possess an 
additional 300 pounds of kingfish (Menticirrhus. 
sp.) taken south of Bogue Inlet. 

(6) (f-)It is unlawful to use unattended gill nets or block 
or stop nets in the Atlantic Ocean within 300 yards 
of the beach from Beaufort Inlet to the South 
Carolina line from sunset Friday to sunrise Monday 
from Memorial Day through Labor Day. 

(7) f6)It is unlawful to use gill nets in the Atlantic 
Ocean with a mesh length greater than seven inches 
from April 15 through December 15. 

(8) It is unlawful to use shrimp trawls in all waters 
west of a line beginning at the southeastern tip of 
Baldhead Island 33 : 50' 29" N - 77 : 57' 28" W 
running 173 ~ (M) to a point in the Atlantic Ocean 
33_4iL l&l N ; 77_ 561 241 W from one hour after 
sunset to one hour before sunrise. 

Authority G.S. 113-134; 113-182; 143B-289.4. 

SUBCHAPTER 3M - FINFISH 

SECTION .0500 - OTHER FINFISH 

.0513 RIVER HERRING AND SHAD 

(a) Until the adoption of a fishery management plan for 
river herring (Blueback Herring. Alewife) or shad (American 
Shad, Hickory Shad) by the North Carolina Marine Fisheries 
Commission, k it is unlawful to take blueback herring, 
alewife, American shad and hickory shad by any method from 
April 15 through January 1. 

(b) Upon adoption of and in order to comply with the 
management requirements incorporated in the Fishery 
Management Plan(s) for River Herring (Blueback Herring. 
Alewife) or Shad (American Shad. Hickory Shad) developed 
by the North Carolina Marine Fisheries Commission, the 
Fisheries Director may, by proclamation, take any or all of 
the following actions in the blueback herring, alewife, 
American shad and hickory shad fisheries: 

(1 ) Specify size: 

(2) Specify season: 

(3) Specify area: 

(4) Specify quantity: 

(5) Specify means/methods: and 



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PROPOSED RULES 



# 



I 



I 



(6) Require submission of statistical and biological 
data. 
£c] it is unlawful to possess more than 10 American shad 
or hickory shad, in the aggregate, per person per day taken 
by hook-and-line. 

Authority G.S. 113-134; 113-182; 113-221; 143B-289.4. 

******************** 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Wildlife Resources Commission 
intends to amend rules cited as 15 A NCAC 10B .0111, 
.0113, .0202 - .0203, .0209, .0216. Notice of Rule-making 
Proceedings was published in the Register on September 15, 
1997. 

Proposed Effective Date: July 1, 1998 

Public Hearings will be conducted on the following dates 
and locations; 

7:00 p.m. 

January 20, 1998 

Jackson County 

Community College 

Sylva, NC 

7:00 p.m. 

January 21, 1998 

Morganton Civic Center 

Auditorium 

Morganton, NC 

7:00 p.m. 

January 22, 1998 

Starmount High School 

Boonville, NC 

7:00 p.m. 
January 26, 1998 

Courthouse 
Elizabethtown, NC 

7:00 p.m. 

January 27, 1998 

Courthouse 

Graham, NC 

7:00p.m. 

January 28, 1998 

North Stanly High School 

Albemarle, NC 

7:00 p.m. 

February 2, 1998 

Swain Auditorium 

Edenton, NC 



7:00 p.m. 

February 3, 1998 

Courthouse 

New Bern, NC 

7:00 p.m. 

February 4, 1998 

Courthouse 

Nashville, NC 

Reason for Proposed Action: Set /Amend hunting and 
trapping regulations necessary to manage and preserve the 
resource. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from December 15, 1997 to February 11, 1998. 
Such written comments must be delivered or mailed to the NC 
Wildlife Resources Commission, 512 N. Salisbury Street, 
Raleigh, NC 27604-1188. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10B - HUNTING AND 
TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.01 1 1 RESTRICTIONS ON RACCOON AND 
OPOSSUM HUNTING 

fa) Axes or saws may not be carried when raccoon or 
opossum hunting. 

(b) Except in Richmond County, raccoon may not b e sho t 
du r ing daylight hours west of US 1 . 

Authority G.S. 113-134; 113-291.1. 

.01 13 BIG GAME KILL REPORTS 

The carcass of each bear, wild turkey, and deer (except 
antlerless deer harvested on areas in the Deer Management 
Assistance Program as described in G.S. 113-291. 2(e)) shall 
be tagged at the site of the kill with the appropriate big game 
tag which has been validated by cutting out the month and 
day of the kill. 

All harvested bear, deer, wild turkey, and wild boar must 
be registered at a Wildlife Cooperator Agent wildlife 
coo p e r ato r agent or reported through the toll free Big Game 
Telephone Reporting System, before they are skinned or 
dressed or dismembered for consumption except in those 
cases where the kill occurs in a remote area which prevents 



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1004 



PROPOSED RULES 



the animal from being transported as an entire carcass. In 
these cases, the carcass may be tagged, skinned, quartered, 
and transported to the Wildlife Cooperator Agent wildlife 
coo p e r at o r agen t for reporting or reported within 24 hours 
through the Big Game Telephone Reporting System. A 
Wildlife Cooperator Agent wildlife coope r ato r agen t located 
within the immediate area of open season will supply an 
authorization number a big gam e kill r e p o r t ca r d in du p licate 
or an authorization number may be obtained through the Big 
Game Telephone Reporting System. Th e r e p o r t card shall be 
com p leted to show the information called f or thereon. The 
tag shall be affixed to the carcass at a location and in such 
manner as to be visible upon inspection from the outside, and 
it is unlawful to affix the tag at any location or in any manner 
so as to conceal it from visibility upon ordinary inspection. 
It is unlawful to remove the tag from the carcass prior to the 
kill being properly reported either through a Wildlife 
Cooperator Agent completion of the report card or through 
the Big Game Telephone Reporting System or at any time 
thereafter until the carcass is finally skinned or dressed for 
consumption. The authorization number given through the 
Big Game Telephone Reporting System or a Wildlife 
Cooperator Agent the du p licate co p y of t h e big game kill 
repo r t ca r d must be recorded on the appropriate line of the 
hunter's big game registration tab adjacent to the big game 
tags retained by the hunter and shall thereafter constitute his 
permit to continue in possession of the carcass. Otherwise, 
the continued possession of the bear, wild turkey, deer or 
wild boar shall be unlawful. 

Persons who are by law exempt from the big game hunting 
license are not required to tag the carcass but shall report each 
kill as above required, and. in lieu of the tagr tag and 
registration tab, the hunter shall record the authorization 
number and retain it to thereafter constitute his permit to 
continue in possession of the carcass. The the word "exempt" 
together with the reason therefor (parent's license, 
landowner, agricultural lessee) shall be written on the 
hunters's record and the registration form at the Wildlife 
Cooperator Agent, o r iginal of the big gam e kill rep o r t card. 

Any big game tag which has been detached from the 
backing or tag card issued with the big game license prior to 
the killing and tagging of the big game animal may be seized 
by a wildlife enforcement officer, if there is evidence of prior 
use. 

Authority G.S. 113-134; 113-270.3; 113-276.1. 

SECTION .0200 - HUNTING 

.0202 BEAR 

(a) Open Seasons shall be from the: 
(1) Monday on or nearest October 15 to the Saturday 
before Thanksgiving and the third Monday after 
Thanksgiving to January 1 in and west of the 
boundary formed by NC 16 from the Virginia State 
line to Wilkesboro and NC 18 from Wilkesboro to 
the South Carolina State line. 



(2) Second Monday in November to the following 
Saturday and the third Monday after Thanksgiving 
to the following Wednesday in all of Beaufort, 
Camden, Craven. Dare, Gates, Hyde, Jones, m 
Northampton. Pamlico, Pasquotank, Tyrrell, and ™ 
Washington counties; and in the following parts of 
counties: 

Bertie: that part southeast of US 17. 

Chowan: that part north of a line formed by SR 

1002, SR 1222 and SR 1221. 

C r aven : except Game Lands. 

Currituck: except Knotts Island and the Outer 

Banks. 

Hertford: that part east of NC 45. 

Martin: that part east of US 17. 

Jon e s : e xce p t Game Lands. 

(3) Second Monday in November to January 1 in all of 
Bladen, Carteret, Duplin, New Hanover, Onslow 
and Pender counties; and in the following parts of 
counties: 

Cumberland: that part south of NC 24 and east of 

the Cape Fear River. 

Sampson: that part south of NC 24. 

(4) Second Monday in December to January 1 in 
Brunswick and Columbus counties. 

(b) No Open Season. There is no open season in any area 
not included in Paragraph (a) of this Rule or in those parts of 
counties included in the following posted bear sanctuaries: 

Avery, Burke and Caldwell counties— Daniel Boone A 

bear sanctuary I 

Beaufort, Bertie and Washington 

counties-Bachelor Bay bear sanctuary 

Beaufort and Pamlico counties— Gum Swamp bear 

sanctuary 

Bladen County— Suggs Mill Pond bear sanctuary 

Brunswick County— Green Swamp bear sanctuary 

Buncombe, Haywood, Henderson and Transylvania 

counties-Pisgah bear sanctuary 

Carteret, Craven and Jones counties— Croatan bear 

sanctuary 

Clay County— Fires Creek bear sanctuary 

Columbus County — Columbus County bear 

sanctuary 

Currituck County— North River bear sanctuary 

Dare County— Bombing Range bear sanctuary 

Haywood County-Harmon Den bear sanctuary 

Haywood County-Sherwood bear sanctuary 

Hyde County— Gull Rock bear sanctuary 

Hyde County— Pungo River bear sanctuary 

Jackson County— Panthertown-Bonas Defeat bear 

sanctuary 

Jones and Onslow counties-Hofmann bear 

sanctuary 

Macon County— Standing Indian bear sanctuary 

Macon County— Way ah bear sanctuary A 

Madison County— Rich Mountain bear sanctuary ^ 

McDowell and Yancey counties— Mt. Mitchell bear 



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PROPOSED RULES 



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sanctuary 

Mitchell and Yancey counties-Flat Top bear 

sanctuary 

Wilkes County-Thurmond Chatham bear sanctuary 

(c) Bag limits shall be: 

(1) daily, one; 

(2) possession, one; 

(3) season, one. 

(d) Kill Reports. The carcass of each bear shall be tagged 
and the kill reported as provided by 15A NCAC 10B .01 13. 

Authority G.S. 113-134; 113-291.2; 113-291.7; 113-305. 

.0203 DEER (WHITE-TAILED) 

(a) Closed Season. All counties and parts of counties not 
listed under the open seasons in Paragraph (b) in this Rule 
shall be closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons) 

(1) Deer With Visible Antlers. Deer with antlers or 
spikes protruding through the skin, as distinguished 
from knobs or buttons covered by skin or velvet, 
may be taken during the following seasons: 

(A) Monday on or nearest October 15 through 
January 1 in all of Beaufort, Bertie, Bladen, 
Brunswick, Camden, Carteret, Chowan, 
Columbus*, Craven, Currituck, Dare, 
Duplin, Edgecombe, Franklin, Gates, 
Greene, Halifax, Hertford, Hoke, Hyde, 
Johnston, Jones, Lenoir, Martin, Nash, New 
Hanover, Northampton, Onslow, Pamlico, 
Pasquotank, Pender, Perquimans, Pitt, 
Richmond**, Robeson, Sampson, 
Scotland**, Tyrrell, Vance, Wake, Warren, 
Washington, Wayne, and Wilson counties, 
and the following parts of counties: 
Cumberland: That part south of NC 24 o r 
cast of 1- 9 5; All of the county except that 
part east of US 401. north of NC 24, and 
west of 1-95: 

Harnett: That part west of NC 87; 
Moore**: All of the county except that part 
north of NC 21 1 and west of US 1; 
*Unlawful to hunt or kill deer in Lake 
Waccamaw or within 50 yards of its 
shoreline. 

**See 15A NCAC 10D .0003(f)(52)(B) for 
seasons on Sandhills Game Land. 

(B) Monday of Thanksgiving week through the 
third Saturday after Thanksgiving Day in all 
of Alexander, Alleghany, Ashe, Avery. 
Buncombe. Burke. Caldwell. Catawba, 
Cherokee. Clay. Cleveland. Davie, Forsyth, 
Gaston, Graham. Haywood. Henderson. 
Iredell, Jackson. Lincoln, Macon. Madison. 
McDowell. Mitchell. Polk. Rutherford. 
Stokes, Surry, Swain. Transylvania. 
Watauga, Wilkes, and Yadkin, and Yancey 



counties. 

(€) Monday of Thanksgiving week th r ough the 

thi r d Satu r day afte r Thanksgiving Day in all 
of — Ave r y, — Duncombe, — Bu r ke, — Caldwell, 

Che r okee, Clay, Cleveland, Graham, 

1 1 ay wood, — Hende r son, — Jackson, — Macon, 

Madison, McDow e ll, — Mitchell, Polk, 

Ruthe r fo r d, — Swain, — T r ansylvania, — and 
Yanc e y coun t i e s. 

(C) (D)Monday before Thanksgiving week 
through January 1 in all of Alamance, 
Anson, Cabarrus, Caswell, Chatham, 
Davidson, Durham, Granville, Guilford, 
Lee, Mecklenburg, Montgomery, Orange, 
Person, Randolph, Rockingham, Rowan, 
Stanly, and Union counties, and in the 
following parts of counties: 
Cumberland: That part east of US 401. north 
of NC 24 and west of 1-95; 

Harnett: That part east of NC 87; 

Moore: That part north of NC 211 and west 

of US 1; 

(D) (E)Monday on or nearest September 10 
through January 1 in those parts of Camden, 
Gates and Pasquotank counties known as the 
Dismal Swamp National Wildlife Refuge, in 
those parts of Hyde, Tyrrell and Washington 
counties known as the Pocosin Lakes 
National Wildlife Refuge, in those parts of 
Anson and Richmond counties known as the 
Pee Dee National Wildlife Refuge, and in 
that part of Currituck County known as the 
Mackay Island National Wildlife Refuge. 

(2) Deer of Either Sex. Except on Game Lands, deer 
of either sex may be taken during the open seasons 
and in the counties and portions of counties listed 
in this Subparagraph (See 10D.0003 for either sex 
seasons on Game Lands): 

(A) The open either-sex deer hunting dates 
established by the U.S. Fish and Wildlife 
Service during the period from the Monday 
on or nearest September 10 through January 
1 in those parts of Camden, Gates and 
Pasquotank counties known as the Dismal 
Swamp National Wildlife Refuge, in those 
parts of Hyde, Tyrrell and Washington 
counties known as the Pocosin Lakes 
National Wildife Refuge, in those parts of 
Anson and Richmond counties known as the 
Pee Dee National Wildlife Refuge, and in 
that part of Currituck County known as the 
Mackay Island National Wildlife Refuge. 
R e fuge — ami — from — the — first — Saturday — m 
Octobe r th r ough January 1 and those p arts of 
Anson and Richmond counties known as Pec 
D e e National Wildlife Refuge. 

(B) The open either-sex deer hunting dates 



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1006 



PROPOSED RULES 



established by the appropriate military 
commands during the period from Monday 
on or nearest October 15 through January 1 
in that part of Brunswick County known as 
the Sunny Point Military Ocean Terminal, in 
that part of Craven County known and 
marked as Cherry Point Marine Base, in that 
part of Onslow County known and marked as 
the Camp Lejeune Marine Base, on Fort 
Bragg Military Reservation, and on Camp 
Mackall Military Reservation. 

(C) Second Saturday in October for youth either 
sex deer hunting by permit only on a portion 
of Belews Creek Steam Station in Stokes 
County designated by agents of the 
Commission. 

(D) The last open day of the Deer with Visible 
Antlers season described in Subparagraph 
(b)(1) of this Rule in all of Buncombe, 
Haywood, Henderson, Madison, Mitchell, 
Polk, Transylvania, and Yancey counties and 
the following parts of counties: 

Avery: That part south of the Blue Ridge 

Parkway. 

Robeson: That part west of 1-95. 

Scotland: That part south of US 74. 

(E) The last six open days of the Deer With 
Visible Antlers season described in 
Subparagraph (b)(1) of this Rule in all of 
Burke, Caldwell. Catawba, Gaston, Lincoln, 
McDowell, and Watauga counties, and the 
following parts of counties: 

Camden: That part south of US 158. 

(F) The first six open days and the last six open 
days of the Deer with Visible Antlers season 
described in Subparagraph (b)(l ) of this Rule 
in all of Camden. Carteret, Cleveland, 
Greene, Harnett, Hoke, Pamlico, 
Pasquotank, Rutherford, Tyrrell, Wayne and 
Wilson counties and in the following parts of 
counties: 

Camden: That part north of US 158. 

Cabarrus: That p an west of US 601 . 

Chowan: That part north of US 17 and west 

of NC32. 

Columbus: That pan west of US 74. SR 

1005, and SR 1125. 

Cumberland: That part west of 1-95. 

Currituck: All of the county except the 

Outer Banks. 

Dare: except the Outer Banks north of 

Whalebone. 

Johnston: That pan north of US 70 or west 

of 1-95. 

Nash: That part south of US 64. 

Richmond: That part east of a line formed 

by US 220 from the Montgomery County 



line to Rockingham and US 1 from 
Rockingham to the South Carolina line. 
Robeson: That part east of 1-95. 
Rowan: That p art west of US 601. M 

Scotland: That part north of US 74. ™ 

(G) All the open days of the Deer With Visible 
Antlers season described in Subparagraph 
(b)(1) of this Rule in all of Alamance, 
Alexander, Alleghany, Anson, Ashe, 
Beaufort, Bertie, Bladen, Brunswick, 
Cabarrus, Caswell, Chatham, Craven, 
Davidson, Davie, Duplin, Durham, 
Edgecombe, Forsyth, Franklin, Gates, 
Granville, Guilford, Halifax, Hertford, 
Hyde, Iredell, Jones, Lee, Lenoir, Martin, 
Mecklenburg, Montgomery, Moore, New 
Hanover, Northampton, Onslow, Orange, 
Pender, Perquimans, Person, Pitt, Randolph, 
Rockingham, Rowan. Sampson, Stanly, 
Stokes, Surry, Union, Vance, Wake, 
Warren, Washington, Wilkes and Yadkin 
counties, and in the following parts of 
counties: 

Buncombe: that part east of NC 191, south 
of the French Broad and Swannanoa Rivers, 
west of US 25, and north of SR 3503, NC 
146 and SR 3501. 

Cabar r us: that part east of US 601. 
Chowan: That part south of US 17 or east of A 
NC 32. \ 

Columbus: That part east of a line formed 
by US 74, SR 1005, and SR 1125. 
Cumberland: that part east of 1-95. 
Dare: That part of the Outer Banks north of 
Whalebone. 

Johnston: That part south of US 70 and east 
of 1-95. 

Nash: That part north of US 64. 
New Hanove r: That p an north of US 74. 
Richmond: That part west of a line formed 
by US 220 from the Montgomery County 
line to Rockingham and US 1 from 
Rockingham to the South Carolina Line. 
Rowan: That p art cast of US 601. 
(O Open Seasons (Bow and Arrow) 
(1) Authorization. Subject to the restrictions set out in 
Subparagraph (2) of this Paragraph and the bag 
limits set out in Paragraph (e) of this Rule, deer of 
either sex may be taken with bow and arrow during 
the following seasons: 

(A) Monday on or nearest September 10 to the 
fourth Saturday thereafter in the counties and 
parts of counties having the open season for 
Deer With Visible Antlers specified by Part 
(A) of Subparagraph (b)(1) of this Rule, m 
except on the Sandhills Game Land and the ^ 
area known as the Outer Banks in Currituck 



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PROPOSED RULES 



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County. 

(B) Monday on or nearest September 10 to the 
second Saturday before Thanksgiving in the 
counties and parts of counties having the 
open seasons for Deer With Visible Antlers 
specified by Part (B) of Subparagraph (b)(1) 
of this Rule. 

f€r) Monday on o r near e st S ep temb er 10 to the 

fourth Saturday the r eafte r , and Monday on 
or neares t Octobe r 15 t o the Satu r day befo r e 
Thanksgiving in the coun t ies and p a r ts of 
coun t ies having the o p en seasons fo r Dee r 
With Visible Antlers s p ecified by Part (C) of 
Subparag r a p h (b)(1) of this Rule. 

(C) (D)Monday on or nearest September 10 to 
the third Saturday before Thanksgiving in the 
counties and parts of counties having the 
open season for Deer With Visible Antlers 
specified by Part fB) (CJ of Subparagraph 
(b)(1) of this Rule, and on Sandhills Game 
Land. 

(2) Restrictions 

(A) Dogs may not be used for hunting deer 
during the bow and arrow season. 

(B) It is unlawful to carry any type of firearm 
while hunting with a bow during the bow 
and arrow deer hunting season. 

(C) Only bows and arrows of the types 
authorized in 15A NCAC 10B .0116 for 
taking deer may be used during the bow and 
arrow deer hunting season. 

(d) Open Seasons (Muzzle-Loading Rifles and Shotguns) 
(1) Authorization. Subject to the restrictions set out in 
Subparagraph (2) of this Paragraph, deer may be 
taken only with muzzle-loading firearms (except 
that bow and arrow may be used on designated and 
posted game land Archery Zones) during the 
following seasons: 

(A) Monday on or nearest October 8 to the 
following Saturday in the counties and parts 
of counties having the open seasons for Deer 
With Visible Antlers specified by items Item 
(A) and (C) of Subparagraph (b)(1) of this 
Rule, except on Sandhills Game Land and 
the area known as the Outer Banks in 
Currituck County. 

(B) Monday to Saturday of the week preceding 
Thanksgiving week in the counties and parts 
of counties having the open seasons for Deer 
With Visible Antlers specified by Item (B) of 
Subparagraph (b)(1) of this Rule. 

(C) Monday to Saturday of the second week 
before Thanksgiving week in the counties 
and parts of counties having the open season 
for Deer With Visible Antlers specified by 
Part rB) £Q of Subparagraph (b)(1) of this 
Rule, and on Sandhills Game Land. 



(2) Restrictions 

(A) Deer of either sex may be taken during 
muzzle-loading firearms season in and east of 
the following counties: Rutherford, 
McDowell, Burke, Caldwell, Wilkes, and 
Ashe. Deer of either sex may be taken on 
the last day of muzzle-loading firearms 
season in all other counties. 

(B) Dogs shall not be used for hunting deer 
during the muzzle-loading firearms seasons. 

(C) Pistols shall not be carried while hunting 
deer during the muzzle-loading firearms 
seasons. 

(e) The daily bag limit shall be two and the possession 
limit six, two of which shall be antlerless. The season limit 
shall be six, two of which shall be antlerless. Antlerless deer 
include males with knobs or buttons covered by skin or velvet 
as distinguished from spikes protruding through the skin. 
The antlerless bag limits described above do not apply to 
antlerless deer harvested in areas covered in the Deer 
Management Assistance Program as described in G.S. 113- 
291.2(e). Individual daily antlerless bag limits on these areas 
shall be determined by the number of special tags, issued by 
the Division of Wildlife Management as authorized by the 
Executive Director, that shall be in the possession of the 
hunter. Season antlerless bag limits shall be set by the 
number of tags available. All antlerless deer harvested on 
these areas, regardless of the date of harvest, shall be tagged 
with these special tags but do not have to be tagged with Big 
Game Tags provided with the hunting license. 

(f) Kill Reports. The carcass of each deer shall be tagged 
and the kill reported as provided by 15A NCAC 10B .0113. 



Authority G.S. 
113-291.2. 



.0209 



113-134; 113-270.3; 113-276.1; 113-291.1; 



WILD TURKEY (BEARDED TURKEYS 
ONLY) 

(a) Open Season shall be from the: Second Saturday in 
April to Saturday of the fourth week thereafter on bearded 
turkeys in the following counties: Alamance. Alexander, 
Alleghany, Ashe, Avery, **Bladen. Buncombe, Burke, 
Caldwell, Caswell, Catawba, """Chatham. Cherokee, Clay, 
Cleveland. Davie, **Durham. Edgecombe. Forsyth, Gates, 
Graham, **Granville. Halifax. Harnett, Haywood, 
Henderson, Hertford, Jackson, Jones. Lee, Lincoln. Macon, 
Madison, McDowell, Mitchell, Montgomery, Northampton. 
Onslow, O r ange, **Orange Person, Polk, **Richmond, 
Rockingham, Rutherford, **Scotland, Stokes, Surry, Swain, 
Transylvania, Vance. Warren. Watauga, Wilkes, Yadkin, 
Yancey and in the following portions of counties: 

Alamance : All of the county except that part south 

of 1-85 and west of NC 87. 

Anson: That part east of US 52 and north of US 74 

and that part east of NC 145 and south of US 74. 

Beaufort: That p art south of the Pamlico River and 

east of US 17. 



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December 15, 1997 



1008 



PROPOSED RULES 



**Bertie: Tha t par t west of a line formed by NC 
45 f r om the He r tfo r d County line to Colc r ain, NC 
42 to Powcllsvillc. US 13 to US 17 South, US 17 
South to 5R 1500, SR 1500 to NC 308, and NC 
308 to th e Washington County line. All of the 
county except that part south of NC 42, west of NC 



45, north of NC 308, and east of US 13. 



"Bfetde 



cast of 



len: All or the county exce p t that p art 
NC 53 and no r th of US 701 and that pan west of 
NC 87 and SR 1730. 

Brunswick: That par t no r th of US 74-76 o r cast of 
NC 133. That pan west of NC 2J1 and that part 
east of NC 87. 

Cabarrus: That part south of 1-85, east of US 601 
Business, and north of NC 49. 
Carteret: That part west of US 70 and north of NC 
24. 
Chatham: That p an no r th of US 64 and west of SR 

wesr 

Chowan: That part south of US-17. 
Cleveland : That p an west of NC 18. 
Columbus: That pan north of NC Wfr 87 and that 
pan east of NC 905 and south of NC 130. 
Craven: That p art e as t of US 17, south of the 



N 



eusc raver ana west ot nu p ioot i r ccK ana tne 
Harlowe Canal: and that p art nonh of th e N e us e 
Rive r , south of a line formed by US 17 and US 17 
Business, and east of a line formed by SR 1440 and 
SR 1441. All of the county except that pan west of 
US 17 and nonh of NC 118. 
Cumberland: That part west of NC 53 or 1-95. 
Davidson: That part south of 1-85 
Du r ham : That p an w e st of US 501 . 
Franklin: All of the county except that part north 
of the Tar River and west of US 401. 



G r anville : — All ot the county exce p t that pan w e st 
of a line formed by SR 1 126 f r om the county line 
to th e inte r section of SR 1004 then west on SR 
1004 to th e inte r s e ction of SR 1112 th e n e ast on SR 
1112 to NC 56 then east on NC 56 to 1-85 th e n 
south on 1-85 to the countv line. 



ttart 



lifax : — Staning at the No r tham p ton County 
Line, that p an east and nonh of a line formed by 
1- 9 5. NC903 and US 301. 

Hoke: That part south and west of NC 2++r 211. 
and that pan known as Fon Bragg. 
Hyde: Starting at the Tyrrell County line, that part 
west of a line formed by NC 94, US 264 West, SR 
1124 to Judges Quarter then Quarter Canal to 
Juniper Bay. 

Iredell: That part north of US 70. 
Johnston: That part south of US 70 and 1- 9 5 and 
east of US 701. east of 1-95. 



Jones: Starting at the Craven County line, that part 

south of a line formed by US-17, SR 1002, and SR 

■BOSt 

**Martin: That p art nonh of a boundary formed 



by US 64 f r om the Washington Coun t y line to 
Williamston, north of NC 125 f r om Williamston to 
the junction with NC 142, and north of NC 142 to 
the Edgecombe County lin e . All of the county 
except that part west of US 17 and south of US 64. 
**Moore: That part south of NC 2Hb 2U and that 
part known as Fort Bragg. 

Nash: All of the county except that part east of NC 
581 and south of US 64. 

New Hanover: Starting at the Brunswick County 
line, that part north and west of a line formed by 
NC- 133 and SR 1002. 

Northampton. That p art south of a boundary 

formed by US 158 f r om the Halifax Coun t y line to 
Jackson, NC 305 f r om Jackson to Rich 



Square, US 

258 f r om Rich Square to NC 308, and NC 308 to 
the Bertie County line and that p art south of NC 
186. cast of SR 1341, and north of SR 1333 and SR 

Pamlico: That part west of NC 306. 
**Pender: Starting at the Sam p son County line, 
that p art south and west of a lin e fanned by US 
421, NC 210, and US-17 South; and starting at th e 
Onslow county line, that part south of NC 53, east 
of the No r theast Ca p e Tear River, and north of th e 
northe r n boundary of Holly Shel t er Game Land and 
US 17. All of the county except that part west of I- 
40 nonh of NC 53. and east of US 421. 
Perquimans: Starting at the Pasquotank County 
line, that p art south of a line form e d by US-17, 
US-17 Business, and SR 1110. That part west of 
the Perquimans River and south of SR 1 110. 
Randolph: All of the county except that part that is 
both south or US 64 and north of NC 49. 
Robeson: That part east of 1-95 and north of US 
74. 

Rowan: That part east of US 52. southeast of 1-85. 
Sampson: All of the county except that part east of 
NC 242. south of NC 411. and west of US 701. 
Union: That part south of NC 74 and west of NC 
207. 

**Wake: That part north of 1-40. 
Wayne: That part south of US-70 and east of tJS= 
i¥h US-117 and that part south of SR 1007 and 
north of SR 1008. 

**The Sandhills Game Land in Richmond, 
Scotland, and Moore Counties, the Bladen Lakes 
State Forest Game Lands in Bladen County, the 
Northeast Cape Fear Wetlands Game Lands in 
Pender County, the Jordan Game Land in Chatham, 
Durham. Orange, and Wake Counties, the Butner- 
Falls of the Neuse Game Land in Durham, 
Granville, and Wake Counties, and the Roanoke 
River Wetlands in Benie, Halifax, and Martin 
Counties are closed to turkey hunting except by 
holders of special permits authorizing turkey 
hunting as provided in G.S. 1 13-264(d). 



t 



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NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



(b) Bag Limits shall be: 

(1) daily, one; 

(2) possession, two; 

(3) season, two. 

(c) Dogs Prohibited. It is unlawful to use dogs for hunting 
turkeys. 

(d) Kill Reports. The carcass of each wild turkey shall be 
tagged and the kill reported as provided by 15A NCAC 10B 
.0113. 



lei 



any raptor for falconry purposes. 
Extented Seasons. An extended falconry season on 



gray and red squirrels and rabbits shall be October 13 - 
February 28. Bag limits for those portions of the season 
outside the regular seasons shall be 4 squirrels daily. 
Possession 8; and 3 rabbits daily. Possession (k 

Authority G.S. 113-134; 1 13 -270. 3 (b)(5); 50 C.F.R. 21.28; 
50C.F.R. 21.29. 



Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.2. 

.0216 FALCONRY 

(a) Seasons. Except as provided in Paragraph (d) and (e) 
of this Rule, the open seasons for the practice of falconry as 
permitted by the regulations contained in 15 A NCAC 10H 
.0800 shall coincide with the regular open seasons contained 
in this Section for squirrels, rabbits, quail, ruffed grouse and 
pheasant, and with the open seasons set forth in the Code of 
Federal Regulations for migratory game birds in this state. 

(b) Bag Limits. The daily bag, possession and season 
limits set forth in this Section for squirrels, rabbits, quail, 
ruffed grouse and pheasant and the daily bag, field 
possession, and total possession limits set forth in the Code of 
Federal Regulations for migratory game birds shall apply to 
falconry, falconry except of as provided in Paragraph (e) of 
this Rule. 

(c) Out of Season Kills. When any raptor being used in 
falconry kills any species of wildlife for which there is no 
open season or a species of game on which the season is then 
closed, the falconer or person using such raptor shall not take 
such dead wildlife into his possession but shall leave the same 
where it lies, provided that the said raptor may be allowed to 
feed on such dead wildlife before leaving the site of the kill. 
If the species so killed is a resident species of game on which 
there is a season limit, the kill shall be included as part of the 
season limit of the person using the raptor for falconry. 

(d) Hunting After Limit Taken 

(1) When any falconer shall have taken a daily bag 
limit of any species of wildlife named or included 
in Paragraph (a) of this Rule, regardless of the 
manner of such taking, such falconer shall not 
release any raptor during the remainder of the day. 

(2) When any falconer shall have in his actual or 
constructive possession a possession limit of any 
species of wildlife named or included in Paragraph 
(a) of this Rule, regardless of the manner in which 
such limit was taken, such falconer shall not 
thereafter release any raptor for falconry purposes 
until the number of such species in his possession 
shall be reduced to a number below such possession 
limit. 

(3) When any falconer shall have taken a season limit 
of any species of wildlife named in Paragraph (a) of 
this Rule, regardless of the manner in which such 
limit was taken, such falconer shall not during the 
remainder of the applicable falconry season release 






******** 



Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Wildlife Resources Commission 
intends to amend rules cited as 15A NCAC 10C .0107, .0203, 
.0205, .0212, .0304 - .0305, .0401 - .0402, .0404, .0407. 
Notice of Rule-making Proceedings was published in the 
Register on September 15, 1997. 

Proposed Effective Date: July 1, 1998 

Public Hearings will be conducted on the following dates 
and locations: 

7:00 p.m. 

January 20, 1998 

Jackson County 

Community College 

Sylva, NC 

7:00 p.m. 

January 21, 1998 

Morganton Civic Center 

Auditorium 

Morganton, NC 

7:00 p.m. 

January 22, 1998 

Starmount High School 

Boonville, NC 

7:00 p.m. 
January 26, 1998 

Courthouse 
Elizabethtown, NC 

7:00 p.m. 

January 27, 1998 

Courthouse 

Graham, NC 

7:00 p.m. 

January 28, 1998 

North Stanly High School 

Albemarle, NC 

7:00 p.m. 
February 2, 1998 



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1010 



PROPOSED RULES 



Swain Auditorium 
Edenton, NC 

7:00 p.m. 

February 3, 1998 

Courthouse 

New Bern, NC 

7:00 p.m. 

February 4, 1998 

Courthouse 

Nashville, NC 

Reason for Proposed Action: To set/amend inland fishing 
regulations necessary to manage and preserve the resource. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from December 15, 1997 to February 11, 1998. 
Such comments must be delivered or mailed to the NC 
Wildlife Resources Commission, 512 N. Salisbury Street, 
Raleigh, NC 27604-1188. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government finds. Tfiese Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

SUBCHAPTER IOC - INLAND FISHING 
REGULATIONS 

SECTION .0100 - JURISDICTION OF 

AGENCIES: CLASSIFICATION OF 

WATERS 

.0107 SPECIAL REGULATIONS: JOINT WATERS 

In order to effectively manage all fisheries resources in 
joint waters and in order to confer enforcement powers on 
both fisheries enforcement officers and wildlife enforcement 
officers with respect to certain rules; the Marine Fisheries 
Commission and the Wildlife Resources Commission deem it 
necessary to adopt special rules for joint waters. Such rules 
supersede any inconsistent rules of the Marine Fisheries 
Commission or the Wildlife Resources Commission that 
would otherwise be applicable in joint waters under the 
provisions of 15A NCAC 10C .0106: 
(1) Striped Bass 

(a) It shall be unlawful to possess any striped 
bass or striped bass hybrid taken by any 
means which is less than 18 inches long 
(total length). 

(b) It shall be unlawful to possess more than 
three striped bass or their hybrids taken by 
hook and line in any one day from joint 
waters. 

(c) It shall be unlawful to engage in net fishing 



for striped bass or their hybrids in joint 
waters except as authorized by duly adopted 
regulations of the Marine Fisheries 
Commission. 

(d) It is unlawful to possess striped bass or 
striped bass hybrids in the joint waters of 
Albemarle, Currituck. Roanoke and Croatan 
Sounds and their tributaries, excluding the 
Roanoke River, except during seasons as 
authorized by duly adopted rules of the 
Marine Fisheries Commission. 

(e) In the joint waters of the Roanoke River and 
its tributaries, including Cashie, Middle and 
Eastmost Rivers, striped bass and hybrid 
striped bass fishing season, size limits and 
creel limits shall be the same as those 
established by authorized by duly adopted 
rules of the Wildlife Resources Commission 
for adjacent inland fishing waters. 

(2) Lake Mattamuskeet 

(a) It shall be unlawful to set or attempt to set 
any gill net in Lake Mattamuskeet canals 
designated as joint waters. 

(b) It shall be unlawful to use or attempt to use 
any trawl net or seines in Lake Mattamuskeet 
canals designated as joint waters. 

(3) Cape Fear River. It shall be unlawful to use or 
attempt to use any net or net stakes within 800 feet 
of the dam at Lock No. 1 on Cape Fear River. 

(4) American and Hickory Shad 

tai h shall be unlawful to possess any American 
or hickory shad taken by hook and line 
except as authorized by duly adopted 
regulations of the Wildlife Resources 
Commission. 

(b) It shall be unlawful to possess any American 
or hickory shad taken by any gear other than 
hook and line except as authorized by duly 
adopted regulations of the Marine Fisheries 
Commission. 

Authority G.S. 113-132: 113-134; 113-138; 113-292. 

SECTION .0200 - GENERAL REGULATIONS 

.0203 RECIPROCAL LICENSE AGREEMENTS 

(a) Virginia. In accordance with a reciprocal license 
agreement between the States of Virginia and North Carolina, 
all valid licenses and permits authorizing sport fishing and 
legally obtained from the Virginia Commission of Game and 
Inland Fisheries or the North Carolina Wildlife Resources 
Commission, or the duly authorized agents of either, shall be 
reciprocally honored for fishing by means of rod and reel, 
hook and line, casting, or trotline in the Dan River east of the 
Brantly Steam Plant Dam at Danville, and east of the mouth 
of Difficul t C r eek Rte. 360 bridge on the Staunton River arm 
of Kerr Reservoir to the Gaston Dam on the Roanoke River, 



t 



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PROPOSED RULES 



including all tributary waters lying in either Virginia or North 
Carolina which are accessible by boat from the main bodies 
of the Kerr and Gaston Reservoirs, or from the Island Creek 
subimpoundment. The Rte. 360 bridge being the first bridge 
crossing the Staunton River upstream of Kerr Reservoir. 
Senior citizen and juvenile license exemptions authorized by 
either state will be honored by both states. In addition, all 
valid fishing licenses and permits legally obtained from the 
Virginia Game and Fish Commission or the North Carolina 
Wildlife Resources Commission, or the duly authorized 
agents of either, shall be reciprocally honored for fishing with 
rod and reel, hook and line or by casting in that portion of the 
New River between the confluence of the North and South 
forks of the New River in North Carolina (Alleghany County) 
and the confluence of the New and Little Rivers in Virginia 
(Grayson County). 

(b) Georgia. In accordance with a reciprocal license 
agreement between the States of North Carolina and Georgia, 
all valid statewide fishing licenses, permits and license 
exemptions required by and legally obtained from the North 
Carolina Wildlife Resources Commission or the Georgia 
Department of Natural Resources, or duly authorized agents 
of either, shall be reciprocally honored for the purposes of 
fishing with hook and line in all of Chatuge Reservoir 
including all tributary waters lying-in either Georgia or North 
Carolina which are accessible by boat from the main body of 
Chatuge Reservoir. All persons fishing in the waters of 
Chatuge Reservoir beyond the bounds of the state from which 
they hold a valid fishing license, shall be authorized to fish 
with said license only from boats not anchored to the shore or 
to a pier or boat dock connecting to the shore. 

(c) Tennessee. In that portion of Slick Rock Creek which 
coincides with the state line between North Carolina and 
Tennessee and in all of Calderwood Reservoir, when fishing 
from boat, all valid statewide fishing licenses obtained from 
the North Carolina Wildlife Resources Commission or the 
Tennessee Wildlife Resources Agency, or the duly authorized 
agents of either, shall be reciprocally honored for the 
purposes of fishing with hook and line or fishing in 
designated mountain trout waters, according to the tenor 
thereof. 

Authority G.S. 113-134; 113-275; 113-304. 

.0205 PUBLIC MOUNTAIN TROUT WATERS 

(a) Designation of Public Mountain Trout Waters. The 
waters listed herein or in 15 A NCAC 10D .0004 are 
designated as Public Mountain Trout Waters and further 
classified as Wild Trout Waters or Hatchery Supported 
Waters. For specific classifications, see Subparagraphs (1) 
and (2) through (6) of this Paragraph. These waters are 
posted and lists thereof are filed with the clerks of superior 
court of the counties in which they are located: 

(1) Hatchery Supported Trout Waters. The listed 
waters in the counties in Subparagraphs (1)(A)-(Y) 
are classified as Hatchery Supported Public 
Mountain Trout Waters. Where specific 



watercourses or impoundments are listed, 
indentation indicates that the watercourse or 
impoundment listed is tributary to the next 
preceding watercourse or impoundment listed and 
not so indented. This classification applies to the 
entire watercourse or impoundment listed except as 
otherwise indicated in parentheses following the 
listing. Other clarifying information may also be 
included parenthetically. The tributaries of listed 
watercourses or impoundments are not included in 
the classification unless specifically set out therein. 
Otherwise, Wild Trout regulations apply to the 
tributaries. 

(A) Alleghany County: 
New River (not trout water) 

Little River (Whitehead to McCann Dam) 

Crab Creek 

Brush Creek (except where posted against 

trespass) 

Big Pine Creek 

Laurel Branch 

Big Glade Creek 

Bledsoe Creek 

Pine Swamp Creek 

Wa t e r falls — Creek — (South — Fork — btrrte 

Rivc r )(cxce pt — where — posted — against 

t re s p ass) 

South Fork New River (not trout water) 

Prather Creek 

Cranberry Creek 

Piney Fork 

Meadow Fork 
Yadkin River (not trout water) 
Roaring River (not trout water) 
East Prong Roaring River (that portion on 
Stone Mountain State Park) Delayed Harvest 
Waters regulations apply. See Subparagraph 
(5) of Paragraph (a) of this Rule. 

(B) Ashe County: 

New River (not trout waters) 

North Fork New River (Watauga Co. line to 
Sharp Dam) 

Helton Creek (Virginia State line to New 

River) fDelayed Harvest regulations 

apply. See Subparagraph (5) of 

Paragraph (a) of this Rule.) 

Big Horse Creek (SR 1361 bridge to 

Tuckerdale) 

Buffalo Creek (headwaters to junction of 

NC 194-88 and SR 1131) 

Big Laurel Creek 

Three Top Creek (portion not on game 

lands) 

Hoskins Fork (Watauga County line to 

North Fork New River) 
South Fork New River (not trout waters) 

Cranberry Creek (Alleghany County line 



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December 15, 1997 



1012 



PROPOSED RULES 



to South Fork New River) 

Nathans C r eek 

Peak Creek (headwaters to Trout Lake, 

except Blue Ridge Parkway waters) 

Trout Lake (Delayed harvest regulations 

apply. See Subparagraph (5) of 

Paragraph (a) of this Rule.) 

Roan Creek 

North Beaver Creek 

South B e ave r C r eek (headwaters to Ashe 

Lake ) 

Pine Swamp Creek (all forks) 

Old Fields Creek 

Mill Creek (except where posted against 

trespass) 

(C) Avery County: 

Nolichucky River (not trout waters) 

North Toe River (headwaters to Mitchell 
County line, except where posted against 
trespass) 

Squirrel Creek 
Elk River (SR 1306 crossing to Tennessee 
State line, including portions of tributaries 
on game lands) 

Catawba River (not trout water) 
Johns River (not trout water) 
Wilson Creek [not Hatchery Supported 
trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 

Lost Cove Creek [not Hatchery 
Supported trout water. see 
Subparagraph (4) of Paragraph (a) of 
this Rule] 
Gragg P r ong (including tribu t aries) 
Webb P r ong (including t r ibuta r i e s) 
Buck Timber Creek [not Hatchery Supported 
trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 
Cary Flat Branch [not Hatchery Supported 
trout water, see Subparagraph (2) of 
Paragraph (a) of this Rule] 
Boyde Coffey Lake 
Archie Coffey Lake 
Linville River [Land Harbor line (below dam) to 
Blue Ridge Parkway boundary line, except 
where posted against trespass] 
Milltimber Creek 

(D) Buncombe County: 

French Broad River (not trout water) 

Big Ivy Creek (Ivy River) (Dillingham Creek 
to L'S 19-23 bridge) 

Dillingham Creek (Corner Rock Creek to 

Big Ivy Creek) 

Stony Creek 

Mineral Creek (including portions of 

tributaries on game lands) 

Comer Rock Creek (including tributaries. 



except Walker Branch) 
Reems Creek (Sugar Camp Fork to US 19-23 
bridge, except where posted against trespass) 

Swannanoa River (SR 2702 bridge near m 
Ridgecrest to Sayles Bleachery in Asheville, ^ 
except where posted against trespass) 
Bent Creek (headwaters to N.C. Arboretum 
boundary line, including portions of 
tributaries on game lands) 

Lake Powhatan 
Cane Creek (headwaters to SR 3138 bridge) 

(E) Burke County: 
Catawba River (not trout water) 

South Fork Catawba River (not trout water) 
Henry Fork (lower Mo r ganton wate r shed 
South Mountains State Park line 
downstream to SR 1919 at Ivy Creek) 
Jacob Fork (Shinny Creek to lower 
South Mountain State Park boundary) 
Delayed Harvest 

Regulations apply. See 

Subparagraph (a)(5) of this Rule. 
Johns River (not trout water) 

Parks Creek (portion not on game lands 
not trout water) 

Carroll Creek (game lands portion 
above SR 1405 including tributaries) 
Linville River (game lands portion below the 
Blue Ridge Parkway including portions of 
tributaries on game lands and from first 
bridge on SR 1223 below Lake James 
powerhouse to Muddy Creek) 

(F) Caldwell County: 
Catawba River (not trout water) 

Johns River (not trout water) 

Wilson Creek (Phillips Branch to Browns 
Mountain Beach dam, except where 
posted against trespass) 

Estes Mill Creek (not trout water) 
Thorps Creek (falls to NC 90 bridge) 
Mulberry Creek (portion not on game lands 
not trout water) 

Boone Fork (not Hatchery Supported 
trout water. See Subparagraph (2) of 
Paragraph (a) of this Rule) 
Boone Fork Pond 

(G) Cherokee County: 
Hiwassee River (not trout water) 

Shuler Creek (headwaters to Tennessee line, 

except where posted against trespass 

including portions of tributaries on game 

lands) 

North Shoal Creek (Crane Creek) 

(headwaters to SR 1325, including portions 

of tributaries on game lands) j 

Persimmon Creek 

Davis Creek (including portions of 



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$ 



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I 



tributaries on game lands) 

Bald Creek (including portions of 
tributaries on game lands) 
Beaver Dam Creek (headwaters to SR 1326 
bridge, including portions of tributaries on 
game lands) 
Valley River 

Hyatt Creek (including portions of 
tributaries on game lands) 
Webb Creek (including portions of 
tributaries on game lands) 
Junaluska Creek (Ashturn Creek to 
Valley River, including portions of 
tributaries on game lands) 
(H) Clay County: 

Hiwassee River (not trout water) 

Fires Creek (first bridge above the lower 
game land line on US Forest Service road 
442 to SR 1300) 

Tusquitee Creek (headwaters to lower SR 
1300 bridge, including portions of Bluff 
Branch on game lands) 

Tuni Creek (including portions of 
tributaries on game lands) 
Chatuge Lake (not trout water) 
Shooting Creek (SR 1349 bridge to US 64 
bridge at SR 1338) 

Hothouse Branch (including portions of 
tributaries on gamelands) 
Vineyard Creek (including portions of 
tributaries on game lands) 
(I) Graham County : 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to 
Tennessee State line) 
Cheoah River (not trout water) 
Yellow Creek 

Santeelah Reservoir (not trout water) 
West Buffalo Creek 

Huffman Creek (Little Buffalo 
Creek) 
Santeelah Creek (Johns Branch to 
mouth including portions of tributaries 
within this section located on game 
lands, excluding Johns Branch) 
Big Snowbird Creek (old railroad 
junction to mouth, including portions of 
tributaries on game lands) 
Mountain Creek (game lands boundary to 
SR 1138 bridge) 

Long Creek (portion not on game 
lands) 

Tulula Creek (headwaters to lower 
bridge on SR 1275) 
Franks Creek 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 



Stecoah Creek 
Sawyer Creek 

Panther Creek (including portions of 
tributaries on game lands) 
(J) Haywood County: 

Pigeon River (not trout water) 

Hurricane Creek (including portions of 

tributaries on game lands) 

Cold Springs Creek (including portions of 

tributaries on game lands) 

Jonathans Creek - lower (concrete bridge in 

Dellwood to Pigeon River) 

Jonathans Creek - upper [SR 1302 bridge 

(west) to SR 1307 bridge] 
Hemphill Creek 

West Fork Pigeon River (headwaters 
(triple arch bridge on highway NC 215 to 
Champion International property line, 
including portions of tributaries within 
this section located on game lands, except 
Middle Prong) 

Richland Creek (Russ Avenue bridge to US 

19A-23 bridge) Delayed Harvest Regulations 

apply. See Subparagraph (a)(5) of this Rule. 
(K) Henderson County: 

(Rocky) Broad River (one-half mile north of 

Bat Cave to Rutherford County line) 

Green River - upper (mouth of Bobs Creek 

to mouth of Rock Creek) 

Green River - lower (Lake Summit Dam to 

Polk County line) 

Camp Creek (SR 1919 to Polk County 
line) 

(Big) Hungry River 
Little Hungry River 
French Broad River (not trout water) 

Mills River (not trout water) 

North Fork Mills River (game lands 
portion below the Hendersonville 
watershed dam). Delayed Harvest 
Regulations apply. See Subparagraph 
(a)(5) of this Rule. 
(L) Jackson County: 

Tuckasegee River (confluence with West 

Fork Tuckasegee River to SR 1392 bridge at 

Wilmot) Delayed Harvest Regulations apply 

to that portion between NC 107 bridge at 

Love Field and NC 116 bridge at Webster. 

See Subparagraph (a)(5) of this Rule. 

Scott Creek (entire stream, except where 

posted against trespass) 

Dark Ridge Creek (Jones Creek to Scotts 

Creek) 

Buff Creek (SR 1457 bridge below Bill 

Johnson's place to Scott Creek) 

Savannah Creek (Headwaters to Bradley's 

Packing House on NC 116) 



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December 15, 1997 



1014 



PROPOSED RULES 



Greens Creek (Greens Creek Baptist 

Church on SR 1730 to Savannah Creek) 
Cullowhee Creek (Tilley Creek to 
Tuckasegee River) 
Bear Creek Lake 

Wolf Creek [not Hatchery Supported trout 
water, see Subparagraph (2) of Paragraph (a) 
of this Rule] 

Wolf Creek Lake 

Balsam Lake 
Tanasee Creek [not Hatchery Supported trout 
water, see Subparagraph (2) of Paragraph (a) 
of this Rule] 

Tanasee Creek Lake 
West Fork Tuckasegee River (Shoal Creek to 
existing water level of Little Glenville Lake) 

Shoal Creek (Glenville Reservoir pipeline 

to mouth) 
(M) Macon County: 

Little Tennessee River (not trout water) 

Nantahala River (Nantahala Dam to Swain 
County line) Delayed Harvest Regulations 
apply to the portion from Whiteoak Creek to 
the Nantahala Power and Light powerhouse 
discharge canal. See Subparagraph (a)(5) of 
this Rule. 

Queens Creek Lake 

Burmngtown Creek (including portions of 
tributaries on game lands) 
Cullasaja River (Sequoah Dam to US 64 
bridge near junction of SR 1672, including 
portions of tributaries on game lands, 
excluding those portions of Big Buck Creek 
and Turtle Pond Creek on game lands. Wild 
trout regulations apply. See Subparagraphs 
(2) and (6) of Paragraph (a) of this Rule.) 

Ellijay Creek (except where posted 

against trespass, including portions of 

tributaries on game lands) 

Skitty Creek 
Cliffside Lake 

Cartoogechaye Creek (US 64 bridge to 

Little Tennessee River) 

Tessentee Creek (Nichols Branch to Little 

Tennessee River, except where posted 

against trespassing) 
Savannah River (not trout water) 

Big Creek (base of falls to Georgia State 

line, including portions of tributaries 

within this Section located on game 

lands) 
(N) Madison County: 

French Broad River (not trout water) 

Shut-In Creek (including portions of 
tributaries on game lands) 
Spring Creek (junction of NC 209 and NC 
63 to lower US Forest Service boundary 



line, including portions of tributaries on 
game lands) 

Meadow Fork Creek 

Roaring Fork (including portions of 
tributaries on game lands) 
Little Creek 
Max Patch Pond 
Mill Ridge Pond 
Big Laurel Creek (Mars Hill Watershed 
boundary to Rice's Mill Dam) 

Shelton Laurel Creek (headwaters to NC 
208 bridge) 

Big Creek (headwaters to lower game 
land boundary, including tributaries) 
Mill Creek 
Big Pine Creek 

Puncheon Fork (Hampton Creek to 
Big Laurel Creek) 
(O) McDowell County: 

Catawba River (portion not on game lands, not 
trout water) 

Buck Creek (portion not on game lands, not 
trout water) 

Little Buck Creek (game land portion 
including portions of tributaries on game 
lands) 
Curtis Creek (Newberry Creek to US 70 
bridge) 

North Fork Catawba River (headwaters to 
No r th Cove School, SR F569} 1569 bridge) 
Armstrong Creek (Cato Holler line 
downstream to upper Greenlee line) 
Mill Creek (upper railroad bridge to U.S. 70 
Bridge, except where posted against trespass) 
(P) Mitchell County: 

Nolichucky River (not trout water) 

Big Rock Creek (headwaters to NC 226 
bridge at SR 1307 intersection) 

Little Rock Creek (Green Creek Bridge to 
Big Rock Creek, except where posted 
against trespass) 
Cane Creek (SR 1219 to Nolichucky River) 
Grassy Creek (East Fork Grassy Creek to 
mouth) 

East Fork Grassy Creek 
North Toe River (Avery County line to SR 
1121. Alta p ass Road) 1121 bridge) 
(Q) Polk County: 

Broad River (not trout water) 

North Pacolet River (Pacolet Falls to NC 
108 bridge) 

Fork Creek (Fork Creek Church on SR 
1 100 to North Pacolet River) 
Big Fall Creek (portion above and below 
water supply reservoir) 
Green River (Henderson County line to 
mouth of Brights Creek) 



4 



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Little Cove Creek (including portions of 
tributaries on game lands) 
Cove Creek (including portions of 
tributaries on game lands) 
Camp Creek [Henderson County line (top 
of falls) to Green River] 
Fulloms Creek (SR 1 154 to Green River, 
including portions of tributaries on game 
lands) 
(R) Rutherford County: 

(Rocky) Broad River (Henderson County 
line to h e ad of rapids at Goose Pond Hole, 
US 64/74 bridge, except where posted 
against trespass) 
(S) Stokes County: 

Dan River (SR 1416 bridge downstream to a 
point 200 yards below the end of SR 1421) 
(T) Surry County: 

Yadkin River (not trout water) 

Ararat River (SR 1727 downstream to the 
Business US 52 bridge) Delayed Harvest 
regulations apply. See Subparagraph (5) of 
Paragraph (a) of this Rule. 

Stewarts Creek (not trout water) 

Pauls Creek (Virginia State line to 0.3 
mile below SR 1625 bridge - lower 
Caudle property line) 
Fisher River (Cooper Creek) (Virginia 
State line to NC 89 bridge) 

Little Fisher River (Virginia State 
line to NC 89 bridge) 
(U) Swain County: 

Little Tennessee River (not trout water) 

Calderwood Reservoir (Cheoah Dam to 
Tennessee State line) 
Cheoah Reservoir 
Fontana Reservoir (not trout water) 
Alarka Creek 

Nantahala River (Macon County line to 
existing Fontana Reservoir water level) 
Tuckasegee River (not trout water) 

Deep Creek (Great Smoky Mountains 
National Park boundary line to 
Tuckasegee River) 

Connelly Creek (including portions of 
tributaries on game lands) 
(V) Transylvania County: 

French Broad River (junction of west and north 
forks to US 276 bridge) 

Davidson River (Avery Creek to Ecusta 

intake) 

East Fork French Broad River (Glady Fork 

to French Broad River) 

Middle Fork French Broad River 

West Fork French Broad River (SR 1312 and 

SR 1309 intersection to junction of west and 

north forks, including portions of tributaries 



within this section located on game lands) 
Savannah Riv er (no t t r ou t wa t er) 

Thomps o n — Riv er — (-SR — r+52 — to — South 
Carolina s t at e line, exce pt where posted 
against tres p ass, — including p ortions of 
t r ibutaries within t his sec t ion located on 
game lands) 
(W) Watauga County: 

New River (not trout waters) 

North Fork New River (from confluence 
with Maine and Mine branches to Ashe 
County line) 

Maine Branch (headwaters to North Fork 
New River) 

South Fork New River (not trout water) 
Meat Camp Creek 

Norris Fork Creek 
Howards Creek (downstream from lower 
falls) 
Middle Fork New River (Lake Chetola Dam 
to South Fork New River) 
Yadkin River (not trout water) 

Stony Fork (headwaters to Wilkes County 
line) 

Elk Creek (headwaters to gravel pit on SR 
1508, except where posted against trespass) 
Watauga River (SR 1559 at Foscoe downstream 
to NC 105 bridge) Delayed Harvest Regulations 
apply. See Subparagraph (5) of Paragraph (a) of 
this Rule. 
Beech Creek 

Buckeye Creek Reservoir 
Coffee Lake 
Laurel Creek 

Cove Creek (SR 1233 bridge at Zionville to SR 
1233 bridge at Amantha) 

Dutch Creek (second bridge on SR 1134 to 
mouth) 

Boone Fork (headwaters to SR 1562) 
(X) Wilkes County: 

Yadkin River (not trout water) 
Roaring River (not trout water) 

East Prong Roaring River (Bullhead 
Creek to Brewer's Mill on SR 1943) 
(Delayed harvest regulations apply to 
portion on Stone Mountain State Park) 
See Subparagraph (5) of Paragraph (a) of 
this Rule. 

Stone Mountain Creek (Delayed 
Harvest Regulations apply. See 
Subparagraph (5) of Paragraph (a) of 
this Rule.) 
Middle Prong Roaring River (headwaters to 
second bridge on SR 1736) 

Double C r eek (Har r is C r eek to Middle 

P r ong Roaring Rive r ) 

Ha rr is C r eek (end of SR 1736 to Double 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1016 



PROPOSED RULES 



C r eek) 

Bell Branch Pond 
Boundary Line Pond 
West Prong Roaring River (not trout waters) 
Pike Creek 

Pike Creek Pond 
Reddies River (not trout water) 

Middle Fork Reddies River (Clear Prong) 
(headwaters to bridge on SR 1580) 

South Fork Reddies River (headwaters 
to confluence with Middle Fork 
Reddies River) 

North Fork Reddies River (Vannoy 
Creek) (headwaters to Union School 
bridge on SR 1559) 

Darnell Creek (North Prong 
Reddies River) (downstream ford 
on SR 1569 to confluence with 
North Fork Reddies River) 
Lewis Fork Creek (not trout water) 

South Prong Lewis Fork (headwaters to 
Lewis Fork Baptist Church) 

Fall Creek (except portions posted against 
trespass) 
(Y) Yancey County: 

Nolichucky River (not trout water) 

Cane River [Bee Branch (SR 1110) to 
Bowlens Creek] 

Bald Mountain Creek (except portions posted 
against trespass) 

Indian Creek (not trout water) 

Price Creek (junction of SR 1 120 and 
SR 1121 to Indian Creek) 
North Toe River (not trout water) 
South Toe River (Clear Creek to lower 
boundary line of Yancey County recreation 
park except where posted against trespass) 
(2) Wild Trout Waters. All waters designated as 
Public Mountain Trout Waters on the game lands 
listed in Subparagraph (b)(2) of 15A NCAC 10D 
.0004, are classified as Wild Trout Waters unless 
specifically classified otherwise in (A)(1) of this 
Rule. The trout waters listed in this Subparagraph 
are also classified as Wild Trout Waters. 

(A) Alleghany County: 

Big Sandy Creek (portion on Stone Mountain 

State Park) 

Ramey Creek (entire stream) 

Stone Mountain Creek (that portion on Stone 

Mountain State Park) 

(B) Ashe County: 

Big Horse Creek (Virginia State Line to SR 
1361 bridge) Catch and Release/Artificial Lures 
Only Regulations apply. See Subparagraph 
(a)(3) of this Rule. 

(C) Avery County: 
Birchfield Creek (entire stream) 



Cow Camp Creek (entire stream) 

Cranberry Creek (entire stream) 

Gragg Prong (entire stream) 

Horse Creek (entire stream) 

Jones Creek (entire stream) 

Kentucky Creek (entire stream) 

North Harper Creek (entire stream) 

Plumtree Creek (entire stream) 

Roaring Creek (entire stream) 

Rockhouse Creek (entire stream) 

South Harper Creek (entire stream) 

Webb Prong (entire stream) 

Wilson Creek (Catch and Release/Artificial 
Lures Only Regulations apply. See 
Subparagraph (a)(3) of this Rule.) 

(D) Buncombe County: 

Carter Creek (game land portion) (Catch and 
Release/ Artificial Lures only regulations apply. 
See Subparagraph (3) of Paragraph (a) of this 
Rule.) 

(E) Burke County: 

All waters located on South Mountain State 
Park, except the main stream of Jacob Fork 
between the mouth of Shinny Creek and the 
lower park boundary where delayed harvest 
regulations, and Henry Fork and tributaries 
where catch and release/artificial lures only 
regulations apply. See Subparagraphs (3) and 
(5) of Paragraph (a) of this Rule. 
Nettle Branch (game land portion) 

(F) Caldwell County: 

Buffalo Creek (headwate r s — to — lowe r — Barrl 
pr o p e r ty line) (Watauga County line to Long 
Ridge Branch) 

Joes Creek Joe Fo r k (Watauga County line to 
fatt^ first falls upstream of the end of SR 1574) 
Rockhouse Creek (entire stream) 

(G) Graham County: 

South Fork Squally Creek (entire stream) 
Squally Creek (entire stream) 
(H) Jackson County: 

Gage Creek (entire stream) 

North Fork Scott Creek (entire stream) 

Tanasee Creek (entire stream) 

Whitewater River (downstream from Silver Run 

Creek to South Carolina State line) 

Wolf Creek (entire stream, except Balsam Lake 

and Wolf Creek Lake) 
(I) Madison County 

Spillcorn Creek (entire stream) [Wild 

Trout/Natural Bait Waters regulations apply. 

See Subparagraph (6) of Paragraph (a) of this 

Rule.] 
(J) Mitchell County: 

Green Creek (headwaters to Green Creek 

Bridge, except where posted against trespass) 

Little Rock Creek (headwaters to Green Creek 



♦ 



1017 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



(3) 



Bridge, including all tributaries, except where 
posted against trespass) 
Wiles Creek (game land boundary to mouth) 
(K) Transylvania County: 

Whitewater River (downstream from Silver Run 
Creek to South Carolina State line) 
Thompson River (SR 1152 to and including 
Reid Branch, except where posted against 
trespass, including portions of tributaries within 
this section located on game lands) 
Thompson River (downstream of Reid Branch to 
South Carolina state line)[Wild Trout/Natural 
Bait Waters regulations apply. See 

Subparagraph (6) of Paragraph (a) of this Rule.l 
(L) Watauga County: 

Boone Fork (Blue Ridge Parkway boundary line 
to Watauga River) [Catch and Release Fly 
Fishing Only regulations apply. See 

Subparagraph (4) of Paragraph (a) of this Rule.] 
Dutch Creek (headwaters to second bridge on 
SR 1134) 

Howards Creek (headwaters to lower falls) 
Watauga River (Avery County line to SR 
1559) 
(M) Wilkes County: 

Big Sandy Creek (portion on Stone Mountain 
State Park) 

Garden Creek (portion on Stone Mountain State 
Park) 

Harris Creek and tributaries [portions on Stone 
Mountain State Park) [Catch and Release 
Artificial Lures Only regulations apply. See 
Subparagraph (4) of Paragraph (a) of this Rule.] 
Widow Creek (portion on Stone Mountain State 
Park) 
(N) Yancey County: 

Lickskillet Creek (entire stream) 
Middle Creek (game land boundary to mouth) 
Rock Creek (game land boundary to mouth) 
South Toe River (game land boundary 
downstream to Clear Creek) 
Catch and Release/Artificial Lures Only Trout 
Waters. Those portions of designated wild trout 
waters as listed in this Subparagraph, including 
tributaries except as noted, are further classified as 
Catch and Release/Artificial Lures Only waters. 
Only artificial lures having one single hook may be 
used. No fish may be harvested or be in possession 
while fishing these streams: 

(A) Ashe County: 

Big Horse Creek (Virginia State line to SR 1361 
bridge excluding tributaries) 
Three Top Creek (portion located on Three Top 
Mountain Game Lands) 

(B) Avery County: 

Wilson Creek (game land portion) 

(C) Buncombe County: 



Carter Creek (game land portion) 

(D) Burke County: 

Henry Fork (portion on South Mountains State 
Park) 

(E) Jackson County: 
Flat Creek 

Tuckasegee River (upstream of Clarke property) 

(F) McDowell County: 
Newberry Creek (game land portion) 

(G) Wilkes County: 

Harris Creek (portion on Stone Mountain State 
Park) 
(H) Yancey County: 
Lower Creek 
Upper Creek 

(4) Catch and Release/Artificial Flies Only Trout 
Waters. Those portions of designated wild trout 
waters as listed in this Subparagraph, including 
tributaries except as noted, are further classified as 
Catch and Release/Fly Fishing Only waters. Only 
artificial flies having one single hook may be used. 
No fish may be harvested or be in possession while 
fishing these streams: 

(A) Avery County: 

Lost Cove Creek (game land portion, excluding 
Gragg Prong and Rockhouse Creek) 

(B) Transylvania County: 

Davidson River (headwaters to Avery Creek, 
excluding Avery Creek, Looking Glass Creek 
and Grogan Creek) 

(C) Watauga County: 

Boone Fork (portion between Blue Ridge 
Parkway boundary and the Watauga River) 

(D) Yancey County: 

South Toe River (portion from the concrete 
bridge above Black Mountain Campgroup 
downstream to game land boundary, excluding 
Camp Creek and Big Lost Cove Creek) 

(5) Delayed Harvest Trout Waters. Those portions of 
designated Hatchery Supported Trout Waters as 
listed in this Subparagraph, excluding tributaries 
except as noted, are further classified as Delayed 
Harvest Waters. Between 1 October and one-half 
hour after sunset on the Friday before the first 
Saturday of the following June, inclusive, it is 
unlawful to possess natural bait and only artificial 
lures with one single hook may be used. No fish 
may be harvested or be in possession while fishing 
these streams during this time. These waters are 
closed to fishing between one-half hour after sunset 
on the Friday before the first Saturday in June and 
6:00 a.m. on the first Saturday in June. At 6:00 
a.m. on the first Saturday in June these streams 
open for fishing under Hatchery Supported Waters 
regulations: 

(A) Ashe County: 
Trout Lake 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1018 



PROPOSED RULES 



Helton Creek (Virginia state line to New River) 



(B) Burke County: 

Jacob Fork (Shinny Creek to lower South 
Mountains State Park boundary) 

(C) Haywood County: 

Richland Creek (Russ Avenue bridge to US 
19A-23 bridge) 

(D) Henderson County: 

North Fork Mills River (game land portion 
below the Hendersonville watershed dam) 

(E) Jackson County: 

Tuckasegee River (NC 107 bridge at Love Field 
Downstream to NC 1 16 bridge at Webster) 

(F) Macon County: 

Nantahala River (portion from Whiteoak Creek 
to the Nantahala Power and Light power house 
discharge canal) 

(G) Surry County: 

Ararat River (SR 1727 downstream to Business 

US 52 bridge) 
(H) Watauga County: 

Watauga River (SR 1559 bridge at Foscoe 

downstream to NC 105 bridge) 
(I) Wilkes County: 

East Prong Roaring River (from Bullhead Creek 

downstream to the Stone Mountain State Park 

lower boundary) 

Stone Mountain Creek (from falls at Allegheny 

County line to confluence with East Prong 

Roaring River and Bullhead Creek in Stone 

Mountain State Park) 
(6) Wild Trout/Natural Bait Waters. Those portions of 
designated Wild Trout Waters as listed in this 
Subparagraph, including tributaries except as 
noted, are further classified as Wild Trout/Natural 
Bait Waters. All artificial lures and natural baits, 
except live fish, are allowed provided they are 
fished using only one single hook. The creel limit, 
size limit, and open season are the same as other 
Wild Trout Waters [see 15 A NCAC IOC .0305(a)]. 

(A) Cherokee County: 

Tellico River (Fain Ford to Tennessee state line 
excluding tributaries) 

(B) Clay County: 

Buck Creek (game land portion downstream of 
US 64 bridgef 

(C) Graham County: 
Deep Creek 

Long Creek (game land portion) 

(D) Jackson County: 

Chattooga River (SR 1100 bridge to South 
Carolina state line) 

(lower) Fowler Creek (game land portion) 
Scotsman Creek (game land portion) 

(E) Macon County: 

Chattooga River (SR 1100 bridge to South 



Carolina state line) 

Jarrett Creek (game land portion) 

Kimsey Creek 

Overflow Creek (game land portion) 

Park Creek 

Tellico Creek (game land portion) 

Turtle Pond Creek (game land portion) 

(F) Madison County 

Spillcorn Creek (entire stream, excluding 
tributaries) 

(G) fFfTransylvania County: 

North Fork French Broad River (game land 
portions downstream of SR 1326) 
Thompson River (downstream of and excluding 
Reid Branch to South Carolina state line, 
including portions of tributaries within this 
Section located on game lands) 
(b) Fishing in Trout Waters 

(1) Hatchery Supported Trout Waters. It is unlawful to 
take fish of any kind by any manner whatsoever 
from designated public mountain trout waters 
during the closed seasons for trout fishing. The 
seasons, size limits, creel limits and possession 
limits apply in all waters, whether designated or 
not, as public mountain trout waters. Except in 
power reservoirs and city water supply reservoirs 
so designated, it is unlawful to fish in designated 
public mountain trout waters with more than one 
line. Night fishing is not allowed in most hatchery 
supported trout waters on game lands [see 15A 
NCAC 10D .0004(b)(1)]. 

(2) Wild Trout Waters. Except as otherwise provided 
in Subparagraphs (3), (4), and (6) of Paragraph (a) 
of this Rule, the following rules apply to fishing in 
wild trout waters. 

(A) Open Season. There is a year round open 
season for the licensed taking of trout. 

(B) Creel Limit. The daily creel limit is four 
trout. 

(C) Size Limit. The minimum size limit is seven 
inches. 

(D) Manner of Taking. Only artificial lures 
having only one single hook may be used. 
No person shall possess natural bait while 
fishing wild trout waters except those waters 
listed in 15A NCAC 10C .0205(a)(6). 

(E) Night Fishing. Fishing on wild trout waters 
is not allowed between one-half hour after 
sunset and one-half hour before sunrise. 

Authority G.S. 113-134; 113-272; 113-292. 

.0212 FISH HATCHERIES 

It is unlawful to fish by any method or at any time in the 
waters of, or upon any property used in conjunction with, any 



♦ 



1019 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



1 



PROPOSED RULES 



state fish hatchery. On Lake Rim it is unlawful to fish f r om 
July 1, 1 99 2 t hrough June 30, 1 99 3, to use power-driven 
boats, except those powered by electric motors, to swim or 
bathe at any time, or to use, or have in possession, any 
minnows or other species of fish except golden shiners (shad 
roaches) for use as bait. 

Authority G.S. 113-134; 113-264; 113-292. 

SECTION .0300 - GAME FISH 

.0304 TAKING AND POSSESSION OF INLAND 
GAME FISHES 

(a) It is unlawful to take in one day more than the daily 
creel limit of those species of inland game fish having a 
specified creel limit; to possess more fish than the daily creel 
limit in effect on those waters being fished; to possess any 



fish outside of the size limit in effect on those waters being 
fished; to possess more fish than the daily creel limit while 
boating or afield; or to possess at any place more than three 
days creel limit. It is unlawful to destroy unnecessarily any 
inland game fish taken from public fishing waters. 

(b) No person while fishing shall remove the head or tail 
or otherwise change the appearance of any game fish having a 
daily c re el o r minimum size limit so as to obscu r e its s p ecies 
or render it impracticable to measure its total original length 
o r coun t t he numbe r of such fish in p ossession, length. No 
person while fishing shall change the appearance of any game 
fish having a daily creel limit so as to obscure its 
identification or render it impracticable to count the number 
of fish in possession. 

Authority G.S. 113-134; 113-135; 113-135.1; 113-292. 



.0305 OPEN SEASONS: CREEL AND SIZE LIMITS 

(a) Generally. Subject to the exceptions listed in Paragraph (b) of this Rule, the open seasons and creel and size limits are as 
indicated in the following table: 



GAME FISHES 


DAILY CREEL 
LIMITS 


MINIMUM 
SIZE LIMITS 


OPEN SEASON 


Mountain Trout: 
Wild Trout 
Waters 


4 


7 in. 


ALL YEAR 

(exc. 2) 


Hatchery Sup- 
ported Trout 
Waters and 
undesignated 
waters 


7 


None 


All year, except 
March 1 to 6:00 a.m 
on first Saturday 
in April 
(exc. 2) 


Muskellunge and 
Tiger Musky 


2 


30 in. 


ALL YEAR 


Chain Pickerel 
(Jack) 


None 


None 


ALL YEAR 


Walleye 


8 
(exes. 8 & 9) 


None 


ALL YEAR 
(exc. 8) 


Sauger 


8 


15 in. 


ALL YEAR 


Black Bass: 
Largemouth 


5 
(exc. 9) 


14 in. 

(exes. 3, 7 & 10) 


ALL YEAR 

(exc. +8 17) 


Smallmouth 
and Spotted 


5 
(exc. 9) 


12 in. 
(exes. 3, 7 & 10) 


ALL YEAR 


White Bass 


25 


None 


ALL YEAR 


Sea Trout (Spotted 


10 


12 in. 


ALL YEAR 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1020 



PROPOSED RULES 



or Speckled) 








Flounder 


None 


13 in. 


ALL YEAR 


Red drum (channel 


5 


18 in. 


ALL YEAR 


bass, red fish, 








puppy drum) 








Striped Bass 


8 aggregate 


16 in. 


ALL YEAR 


and their hybrids 


(exes. 1 & 5) 


(exes. 1, 5 & 11) 


(exes. 5, 13, & 15) 


(Morone Hybrids) 








Shad: (American 


None 10 aggregate 


None 


ALL YEAR 


and hickory) 


(exc. 18) 




(exc. +918) 


Kokanee Salmon 


7 


None 


ALL YEAR 


Panfishes 


None 


None 


ALL YEAR 




(exes. 4, 12, & 16) 


(exc. 12) 


(exc. 4) 


NONGAME FISHES 


None 
(exc. 14) 


None 
(exc. 14) 


ALL YEAR 
(exes. & 17 6) 



(b) Exceptions 

(1) In the Dan River upstream from its confluence with 
Bannister River to the Brandy Steam Plant Dam, 
and in John H. Kerr, Gaston, and Roanoke Rapids 
Reservoirs, and Lake Norman, the creel limit on 
striped bass and Morone hybrids is four in the 
aggregate and the minimum size limit is 20 inches. 

(2) In designated public mountain trout waters the 
season for taking all species of fish is the same as 
the trout fishing season. There is no closed season 
on taking trout from Nantahala River and all 
tributaries (excluding impoundments) upstream 
from Nantahala Lake, and the impounded waters of 
power reservoirs and municipally-owned water 
supply reservoirs open to the public for fishing. 

(3) Bass taken from Calderwood Reservoir may be 
retained without restriction as to size limit. 

(4) On Mattamuskeet Lake, special federal regulations 
apply. 

(5) In the inland fishing waters of Cape Fear, Neuse, 
Pee-Dee, Pungo and Tar-Pamlico rivers and their 
tributaries and the Roanoke River and its 
tributaries, including the Cashie, Middle, and 
Eastmost rivers, extending upstream to the first 
impoundment, and Lake Mattamuskeet, the daily 
creel limit for striped bass and their hybrids is three 
fish and the minimum length limit is 18 inches. In 
the Roanoke River and its tributaries, including the 
Cashie, Middle, and Eastmost rivers-from April 1 
to May 3 1 no fish between the lengths of 22 inches 
and 27 inches shall be retained. 

(6) See 15A NCAC IOC .0407 for open seasons for 
taking nongame fishes by special devices. 

(7) The maximum combined number of black bass of 



(8) 



(4) 



all species that may be retained per day is five fish, 
no more than two of which may be smaller than the 
applicable minimum size limit. The minimum size 
limit for all species of black bass is 14 inches, with 
no exception in Lake Luke Marion in Moore 
County, in Reedy Creek Park lakes in Mecklenburg 
County, in Lake Rim in Cumberland County, in 
Currituck Sound and tributaries north of Wright 
Memorial Bridge, in North River and tributaries in 
Currituck and Camden Counties north of a line 
between Camden Point and the end of SR 1 124, in 
High Rock Lake downstream of 1-85, in Badin 
Lake, in Falls Lake, in Lake Tillery, in Blewett 
Falls Lake, and in the New River and its tributaries 
in Onslow County. In and west of Madison, 
Buncombe, Henderson and Polk Counties and in 
designated public mountain trout waters the 
minimum size limit is 12 inches. In B. Everett 
Jordan Reservoir a minimum size limit of 16 
inches, with no exception, applies to largemouth 
bass. In Falls of Neuse Reservoir, east of SR 
1004, and Tuckertown Lake no black bass between 
the lengths of 12 inches and 16 inches may be 
retained, and the minimum size limit for black bass 
is 16 inches, except that the daily creel may contain 
two black bass of less than 12 inches in length. In 
W. Kerr Scott Reservoir there is no minimum size 
limit for spotted bass. 

A minimum size limit of 15 inches applies to 
walleye taken from Lake James and its tributaries, 
and the daily creel limit for walleye is four fish in 
Linville River upstream from the NC 126 bridge 
above Lake James. 
The creel limit for black bass and walleye taken 



♦ 



1021 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



> 



> 



I 



from Calderwood Reservoir is 10. 

(10) The minimum size limit for all black bass, with no 
exception, is 18 inches in the following trophy bass 
lakes: 

(A) Cane Creek Lake in Union County; 

(B) Lake Thom-A-Lex in Davidson County; and 

(C) Sutton Lake in New Hanover County. 

(11) In all impounded inland waters and their 
tributaries, except those waters described in 
Exceptions f+tr LU 3fid (5). the daily creel limit of 
striped bass and their hybrids may include not more 
than two fish of smaller size than the minimum size 
limit. 

(12) In Lake Tillery, Falls Lake, High Rock Lake, 
Badin Lake, Tuckertown Lake, Lake Hyco, Lake 
Ramseur and Cane Creek Lake a daily creel limit of 
20 fish and a minimum size limit of 8 inches apply 
to crappie. in Lake James, a daily creel limit of 20 
fish applies to crappie. 

(13) In designated inland fishing waters of Roanoke 
Sound, Croatan Sound, Albemarle Sound, Chowan 
River, Currituck Sound, Alligator River, 
Scuppernong River, and their tributaries (excluding 
the Roanoke River and Cashie River and their 
tributaries), striped bass fishing season, size limits 
and creel limits shall be the same as those 
established by duly adopted rules or proclamations 
of the Marine Fisheries Commission in adjacent 
joint or coastal fishing waters. 

(14) The daily creel and length limits for channel, 
white, and blue catfish in designated urban lakes 
are provided for in 15A NCAC IOC .0401(d). 

(15) The Executive Director may, by proclamation, 
suspend or extend the hook-and-line season for 
striped bass in the inland and joint waters of coastal 
rivers and their tributaries. It is unlawful to violate 
the provisions of any proclamation issued under 
this authority. 

(16) In the entire Lumber River from the Camp MacKall 
bridge (SR 1225, at the point where Richmond, 
Moore. Scotland, and Hoke counties join) to the 
South Carolina state line and in all public fishing 
waters east of 1-95, except Tar River Reservoir in 
Nash County, the daily creel limit for sunfish is 30 
in aggregate, no more than 12 of which shall be 
redbreast sunfish. 

fFf) It is unlawful to possess bowfin taken f r om the 

Lumbe r Riv er and its t r ibutari e s. 

(17) <-W)In Sutton Lake, no largemouth bass may be 
retained from December 1 through March 3 1 . 

(18) (+9}In the Pee Dee River downstream from the 
Blewett Falls dam, shad may be taken with special 
fishing devices without restriction to creel limits as 
provided for in 15A NCAC 10C .0404 (b) during 
the permitted special fishing device seasons 
specified in 15A NCAC 10C .0407. American and 
hickory shad taken under this Subparagraph may be 



sold as authorized under 15A NCAC IPC .0401. 

Authority G.S. 113-134; 113-292; 113-304; 113-305. 

SECTION .0400 - NONGAME FISH 

.0401 MANNER OF TAKING NONGAME 
FISHES: PURCHASE AND SALE 

(a) Except as permitted by the rules in this Section, it is 
unlawful to take nongame fishes from the inland fishing 
waters of North Carolina in any manner other than with hook 
and line or grabbling. Nongame fishes may be taken by hook 
and line or grabbling at any time without restriction as to size 
limits or creel limits, except that no trotlines or set-hooks 
may be used in the impounded waters located on the Sandhills 
Game Land or in designated public mountain trout waters, 
and in Lake Waccamaw, trotlines or set-hooks may be used 
only from October 1 through April 30. The season for taking 
nongame fishes by other hook and line methods in designated 
public mountain trout waters shall be the same as the trout 
fishing season. 

(b) Nongame fishes fishes, except bowfin taken by hook 
and line, grabbling or by licensed special devices may be 
sold, sold, e xc ep t that bowfin taken from the Lumber River 
and its t r ibu t aries may no t be sold o r p ossessed. Eels less 
than six inches in length taken from inland waters may not be 
sold and possession is limited to 200 per day for bait. 

(c) Freshwater mussels may only be taken from impounded 
waters, except mussels shall not be taken in Lake Waccamaw 
and in University Lake in Orange County. 

(d) In the U r ban Lakes posted Community Fishing 
Program waters listed below it is unlawful to take channel, 
white or blue catfish (forked tail catfish) by means other than 
hook and line; the daily creel limit for forked tail catfish is 
six fish in aggregate: agg r egate and the minimum length limit 
is 12 inch e s: 

Cedar Rock Cedarock Pond, Alamance County 

Frank Liske Park Lak e , Pond. Cabarrus County 

Rabbit Shuffle Pond. Caswell County 

Lake Rim, Cumberland County 

Cam p us Hills Pond, Du r ham County 

C.G. Hill Memorial Park Pond. Forsyth County 

Kernersville Lake, Forsyth County 

Winston Pond, Forsyth County 

Bur-Mil Park Pond, Ponds. Guilford County 

Oka T. Hester Pond, Guilford County 

San-Lee Park Ponds, Lee County 

Kinston Neuseway Park Pond. Lenoir County 

Freedom Park Pond, Mecklenburg County 

Hornet's Nest Ponds, Pond. Mecklenburg County 

McAlpine Lake, Mecklenburg County 

Lake Luke Marion, Moore County 

River Park North Pond. Pitt County 

Big Elkin Creek, Surry County 

Apex Lake, Wake County 

Lake Crabtree, Wake County 

Shelley Lake, Wake County 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1022 



PROPOSED RULES 



(1) 



(2) 



(3) 
(4) 



(b) 



Simpkins Pond, Wake County 
Lake Toisnot. Wilson County 

Authority G.S. 113-134; 113-272; 113-292. 

.0402 TAKING NONGAME FISHES FOR BAIT 

(a) It is unlawful to take bait fishes nongame fish for bait 
in the inland waters of North Carolina using equipment other 
than: 

a net of dip net design not greater than six feet 
across; 

a seine of not greater than 12 feet in length (except 
in Lake Waccamaw where there is no length 
limitation) and with a bar mesh measure of not 
more than one-fourth inch; 
a cast net; 

minnow traps not exceeding 12 inches in diameter 
and 24 inches in length, with funnel openings not 
exceeding one inch in diameter, and which are 
under the immediate control and attendance of the 
individual operating them. 
It is unlawful to sell nongame fishes or aquatic animals 
taken under this Subchapter. 

(c) Game fishes and their young taken while netting for 
bait shall be immediately returned unharmed to the water. 
No person shall take more than 200 bait nongame fish for bait 
pursuant to this Subchapter from inland fishing waters during 
one day. It is unlawful to take nongame fish for bait fishes or 
any other fish bait from designated public mountain trout 
waters and: 

(1) Chatham County: 
Deep River 
Rocky River 
Bear Creek 

(2) Lee County: 
Deep River 

(3) Moore County: 
Deep River 

(4) Randolph County: 

Deep River below the Coleridge Dam 
Fork Creek. 

Authorixx G.S. 113-134; 113-135; 113-272; 113-272.3; 
113-292. 

.0404 SPECIAL DEVICE FISHTNG 

(a) Bow and Arrow. The use of bow [as defined in 15A 
NCAC 10B .0116(a)] and arrow as a licensed special device 
is authorized for taking nongame fishes at any time from all 
inland fishing waters other than impounded waters located on 
the Sandhills Game Land and designated public mountain 
trout waters. Unless specifically prohibited, bow and arrow 
may be used in joint fishing waters. It is unlawful to take 
fish with crossbow and arrow in any inland fishing waters. 

(b) Nets. Manually operated nets, including seines and 
bow. cast, dip, gill, drift and fyke nets may be used under the 
special device fishing license. 



(1) No fixed gill net or other stationary net which may 
be authorized as a special fishing device may be 
more than 100 yards in length, nor shall any such 
net be placed within 50 yards of any other fixed 
net. Fixed nets must be set so that they run parallel 
to the nearest shoreline, except in the Neuse, Trent, 
Northeast Cape Fear, Cape Fear, and Black Rivers 
and their tributaries. No anchored or fixed gill net 
or drift net shall be used unless such net is marked 
for the protection of boat operators. A net shall be 
deemed so marked when there is attached to it at 
each end two separate yellow buoys which shall be 
of solid foam or other solid buoyant material no 
less than five inches in its smallest dimensions. 
The owner shall always be identified on a buoy on 
each end either by using engraved buoys or by 
attaching engraved metal or plastic tags to the 
buoys. Such identification shall include one of the 
following: owner's N.C. motor boat registration 
number, or owner's U.S. vessel documentation 
name, or owner's last name and initials. 

(2) It is unlawful to attach gill nets to any wire, rope, 
or similar device extended across any navigable 
watercourse. 

(3) All fixed or drift gill nets must be attended when 
fished in the designated inland waters of Beaufort. 
Bertie, Bladen. Brunswick, Camden. Carteret, 
Chowan, Columbus, Craven, Cumberland, 
Currituck, Dare, Duplin, Gates, Greene, Hamett, 
Hertford, Hoke, Hyde, Jones, Lenoir, Martin, New 
Hanover. Onslow, Pamlico, Pasquotank. Pender, 
Perquimans, Pitt, Robeson. Sampson, Scotland, 
Tyrrell and Washington counties. Attended as used 
in this Rule, requires that fishermen be within 100 
yards of all sets of nets at all times. 

(c) Traps. Baskets and traps, including automobile tires, 
may be used under the special device fishing license. Such 
devices when set and left unattended shall be affixed with a 
card or tag furnished by the license holder and upon which 
his name and address shall be legibly and indelibly inscribed. 
No fish trap may exceed 60 inches in length or 30 inches in 
depth or width. No lead nets, wing nets, or other device 
designed to guide or herd fish may be attached to the trap or 
used or set within 25 feet of the trap. 

(d) Spears. Manually operated gigs or under-water spear 
or harpoon guns may be used under the special fishing device 
license in the inland waters having a season for their use 
specified in Rule .0407 of this Section. 

(e) Crab pots. It is unlawful to use crab pots in inland 
fishing waters, except by persons Pe r sons owning property 
adjacent to the inland fishing waters of coastal rivers and their 
tributaries who are permitted to set two crab pots to be 
attached to their property and not subject to special device 
license requirements. 

(f) Eel pots. It is unlawful to use pots with mesh sizes 
smaller than one inch by one-half inch unless such pots 
contain an escape panel that is at least four inches square with 



4 



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NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



a mesh size of one inch by one-half inch located in the outside 
panel of the upper chamber of rectangular pots and in the rear 
portion of cylindrical pots, except that not more than two eel 
pots per fishing license with a mesh of any size may be used 
to take eels for bait. Each pot must be marked by attaching a 
floating buoy which shall be of solid foam or other solid 
buoyant material and no less than five inches in diameter and 
no less than five inches in length. Buoys may be of any color 
except yellow. The owner shall always be identified on the 
attached buoy by using engraved buoys or by engraved metal 
or plastic tags attached to the buoy. Such identification shall 
include one of the following: 

(1) owner's N.C. motorboat registration number; or 

(2) owner's U.S. vessel documentation name; or 

(3) owner's last name and initials. 

Authority G.S. 113-134; 113-272.2; 113-276; 113-292. 

.0407 PERMITTED SPECIAL DEVICES 
AND OPEN SEASONS 

Except in designated public mountain trout waters, and in 
impounded waters located on the Sandhills Game Land, there 
is a year-round open season for the licensed taking of 
nongame fishes by bow and arrow. All fixed and drift gill 
nets must be attended when fished in the designated inland 
waters of the counties listed in 15A NCAC IOC .0404(b)(3). 
Attended as used in this Rule and in 15A NCAC IOC 
.0404(b)(3) requires that fisherman be within 100 yards of all 
sets of nets at all times. Seasons and waters in which the use 
of other special devices is authorized are indicated by 
counties below: 

(1) Alamance: 

(a) July 1 to August 31 with seines in Alamance 
Creek below NC 49 bridge and Haw River; 

(b) July 1 to June 30 with gigs in all public 
waters; 

(2) Alexander: July 1 to June 30 with traps and gigs in 
all public waters; and with spear guns in Lake 
Hickory and Lookout Shoals Reservoir; 

(3) Alleghany: July 1 to June 30 with gigs in New 
River, except designated public mountain trout 
waters; 

(4) Anson: 

(a) July 1 to June 30 with traps and gigs in all 
public waters; 

(b) December 1 to June 5 with dip and bow nets 
in Pee Dee River below Blewett Falls Dam, 
and with gill nets in Pee Dee River below the 
lower end of Goat Island; 

(c) July 1 to August 31 with seines in all 
running public waters, except Pee Dee River 
from Blewett Falls downstream to the 
Seaboard Coast Line Railroad trestle; 

(5) Ashe: July 1 to June 30 with gigs in New River 
(both forks), except designated public mountain 
trout waters; 

(6) Beaufort: 



(a) July 1 to June 30 with traps in the Pungo 
River, and in the Tar and Pamlico Rivers 
above Norfolk and Southern Railroad bridge; 
and with gigs in all inland public waters; 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters; with attended 
drift gill nets in Tar River upstream from the 
Norfolk and Southern Railroad bridge at 
Washington to the Pitt County line; and with 
attended gill nets in all other inland public 
waters, except Blounts Creek, Chocowinity 
Bay, Durham Creek, Mixon Creek and Nevil 
Creek and their tributaries. 

(7) Bertie: 

(a) July 1 to June 30 with traps in the Broad 
Creek (tributary of Roanoke); 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding public 
lakes, ponds, and other impounded waters; 
and with attended gill nets in all inland 
public waters; 

(8) Bladen: 

(a) December 1 to March 1 with attended gill 
nets in all inland public waters, except Jones, 
Salters, White, Singletary and Baytree 
(Black) Lakes; 

(b) December 1 to May 1 with attended gill nets 
in Black River; 

(c) December 1 to June 5 with dip and bow nets 
in Black River; 

(9) Brunswick: 

(a) December 1 to March 1 with attended gill 
nets in all inland public waters, except 
Waccamaw River and its tributaries; 

(b) December 1 to May 1 with dip, bow, and 
attended gill nets in Alligator Creek, Hoods 
Creek, Indian Creek, Orton Creek below 
Orton Pond, Rices Creek, Sturgeon Creek 
and Town Creek; 

(10) Buncombe: July 1 to June 30 with gigs in all 
public waters, except designated public mountain 
trout waters; 

(11) Burke: 

(a) July 1 to August 31 with seines in all 
running public waters, except Johns River 
and designated public mountain trout waters; 

(b) July 1 to June 30 with traps, gigs, and spear 
guns in all public waters, except designated 
public mountain trout waters and Lake 
James; 

(12) Cabarrus: 

(a) July 1 to August 31 with seines in all 
running public waters, 

(b) July 1 to June 30 with traps and gigs in all 
public waters; 

(13) Caldwell: July 1 to June 30 with traps, gigs, and 
spear guns in all public waters, except designated 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1024 



PROPOSED RULES 



public mountain trout waters; 

(14) Camden: 

(a) July 1 to June 30 with traps in all inland 
public waters; 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding public 
lakes, ponds, and other impounded waters; 
and with attended gill nets in all inland 
public waters; 

(15) Carteret: December 1 to June 5 with dip, bow, and 
attended gill nets in all inland public waters except 
South River and the tributaries of the White Oak 
River; 

(16) Caswell: 



(17) 



(18) 



(19) 
(20) 



(21) 
(22) 



(23) 



(a) 



(b) 



July 1 

waters; 
July 1 



to June 30 with gigs in all public 



to August 31 with seines in all 
running public waters, except Moons Creek; 

(c) July 1 to June 30 with traps in Hyco 
Reservoir; 

Catawba: 

(a) July 1 to August 31 with seines in all 
running public waters, except Catawba River 
below Lookout Dam; 

(b) July 1 to June 30 with traps, spear guns, and 
gigs in all public waters; 

Chatham: 

(a) December 1 to April 15 with dip and gill 
nets in the Cape Fear River, Deep River, 
Haw River and Rocky River (local law); 

(b) July 1 to August 31 with seines in the Cape 
Fear River, and Haw River; 

(c) July 1 to June 30 with traps in Deep River; 
and with gigs in all public waters; 

Cherokee: July 1 to June 30 with gigs in all public 
waters, except designated public mountain trout 
waters; 
Chowan: 

(a) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding public 
lakes, ponds, and other impounded waters; 
and with attended gill nets in all inland 
public waters, except Bennetts Mill Pond and 
Dillard Pond; 

(b) July 1 to June 30 with traps in all inland 
public waters, excluding public lakes, ponds, 
and other impounded waters; 

Clay: July 1 to June 30 with gigs in all public 
waters, except designated public mountain trout 
waters; 
Cleveland: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with gigs, traps and spear 
guns in all public waters; 

Columbus: 

(a) December 1 to March 1 with attended gill 



(25) 



(26) 



(27) 



(28) 



(30) 



nets in all inland public waters, except Lake 
Waccamaw and its tributaries and Waccamaw 
River and its tributaries; 

(b) December 1 to March 1 with gigs in all 
inland public waters, except Lake 
Waccamaw and its tributaries; 

(c) December 1 to June 5 with dip, bow, and 
attended gill nets in Livingston Creek; 



(24) Craven: 



(a) 



July 1 to June 30 with traps in the main run 
of the Trent and Neuse Rivers; 

(b) December 1 to June 5 with dip, bow, and 
attended gill nets in all inland public waters, 
except Pitch Kettle, Grindle, Slocum, Spring 
and Hancock Creeks and their tributaries; 
with dip and bow nets in Slocum Creek 
above the US 70 bridge; and with seines in 
the Neuse River; 

Cumberland: December 1 to March 1 with 

attended gill nets in all inland public waters; 

Currituck: 

(a) July 1 to June 30 with traps in Tulls Creek 
and Northwest River; 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding public 
lakes, ponds, and other impounded waters; 
and with attended gill nets in Northwest 
River and Tulls Creek; 



Dare: 

(a) 



to June 30 with traps in Mashoes 
Milltail Creek, East Lake and South 



(29) Davie: 
(a) 



July 1 

Creek, 

Lake; 
(b) December 1 to June 5 with dip and bow nets 

in all inland public waters, excluding public 

lakes, ponds, and other impounded waters; 

and with attended gill nets in Martin Point 

Creek; 
Davidson: 

(a) July 1 to August 31 with seines in all 
running public waters, 

(b) July 1 to June 30 with gigs in all public 
waters, and with traps in all public waters 
except Leonard's Creek, Abbott's Creek 
below Lake Thom-A-Lex dam, and the 
Abbott's Creek arm of High Rock Lake 
upstream from the NC 8 bridge; 



July 1 to June 30 with traps and gigs in all 

public waters; 
(b) July 1 to August 31 for taking only carp and 

suckers with seines in Dutchmans Creek 

from US 601 to Yadkin River and in 

Hunting Creek from SR 1338 to South 

Yadkin River; 
Duplin: 
(a) December 1 to March 1 with attended gill 

nets in Baysden Pond and in the Northeast 



4 



1025 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



> 



(3D 



(32) 



(33) 
(34) 



(35) 



(36) 



(37) 



(38) 



> 



(39) 



Cape Fear River, including old channels 
from a point one mile above SR 1700 
(Serecta) Bridge downstream to the county 
line; 

(b) December 1 to June 5 with dip, bow, and 
attended gill nets and seines in the main run 
of the Northeast Cape Fear River 
downstream from a point one mile above 
Serecta Bridge; 

Durham; 

(a) July 1 to August 31 with seines in Neuse 
River, 

(b) July 1 to June 30 with gigs in all public 
waters; 

Edgecombe: 

(a) December 1 to March 15 with gill nets in 
Noble Mill Pond and Wiggins Lake; 

(b) December 1 to June 5 with dip and bow nets 
in all public waters; and with drift gill nets 
in Tar River below the bridge at Old Sparta 
to the Pitt County line; 

Forsyth: July 1 to June 30 with traps and gigs in 
all public waters, except traps may not be used in 
Belews Creek Reservoir; 
Franklin: 

(a) December 1 to March 1 with gill nets in 
Clifton Pond, Parrish Pond, Jackson Pond 
and Lake Royale; 

(b) July 1 to August 31 with seines in Tar River; 

(c) July 1 to June 30 with gigs in all public 
waters, except Parrish. Laurel Mill, Jackson, 
Clifton, Moore's and Perry's Ponds, and in 
the Franklinton City ponds; 

Gaston: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with gigs, traps and spear 
guns in all public waters; 

Gates: December 1 to June 5 with dip and bow 
nets in all inland public waters, excluding public 
lakes, ponds, and other impounded waters; and 
with attended gill nets in all inland public waters, 
except Williams (Merchants Mill) Pond; 
Graham: July 1 to June 30 with gigs in all public 
waters, except designated public mountain trout 
waters; 
Granville: 

(a) July 1 to June 30 with gigs in all public 
waters, except Kerr Reservoir; 

(b) July 1 to August 31 with seines in the Neuse 
River and the Tar River below US 158 
bridge; 

(c) July 1 to June 30 with dip and cast nets in 
Kerr Reservoir; 

(d) July 1 to June 30 with cast nets in all public 
waters; 

Greene: December 1 to June 5 with dip, bow, and 



(40) 



(41) 



(42) 



(43) 



(44) 



(45) 



(46) 
(47) 



(48) 



(49) 



attended gill nets and reels in Contentnea Creek; 
Guilford: 

(a) July 1 to August 31 with seines in Haw 
River, Deep River below Jamestown Dam, 
and Reedy Fork Creek below US 29 bridge; 

(b) July 1 to June 30 with gigs in all public 
waters; 

Halifax: 

(a) December 1 to March 1 with gill nets in 
White's Mill Pond; 

(b) December 1 to June 5 with dip and bow nets 
in Beech Swamp, Clarks Canal, 
Conoconnara Swamp, Fishing Creek below 
the Fishing Creek Mill Dam, Kehukee 
Swamp, Looking Glass Gut, Quankey Creek, 
and White's Mill Pond Run; 

(c) July 1 to June 30 with dip and cast nets in 
Gaston Reservoir and Roanoke Rapids 
Reservoir; 

Harnett: 

(a) December 1 to March 1 with attended gill 
nets in all inland public waters; 

(b) January 1 to May 31 with gigs in Cape Fear 
River and tributaries; 

(c) December 1 to June 5 with dip and bow nets 
in Cape Fear River; 

Haywood: July 1 to June 30 with gigs in all public 

waters, except Lake Junaluska and designated 

public mountain trout waters; 

Henderson: July 1 to June 30 with gigs in all 

public waters, except designated public mountain 

trout waters; 

Hertford: 

(a) July 1 to June 30 with traps in Wiccacon 
Creek; 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding public 
lakes, ponds, and other impounded waters; 
and with attended gill nets in all inland 
public waters, except mill ponds; 

Hoke: December 1 to March 1 with attended gill 

nets in all inland public waters; 

Hyde: 

(a) July 1 to June 30 with traps in all inland 
waters; 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding public 
lakes, ponds, and other impounded waters; 
and with attended gill nets in Pungo River 
and tributaries upstream from US 264 
bridge, Scranton Creek, and Long Shoal 
River and tributaries; 

Iredell: July 1 to June 30 with traps and gigs in all 
public waters; and with spear guns in Lookout 
Shoals Reservoir and Lake Norman; 
Jackson: July 1 to Juae 30 with gigs in all public 
waters, except designated public mountain trout 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1026 



PROPOSED RULES 



waters; 
(50) Johnston: 

(a) December 1 to March 1 with gill nets in 
Cattails Lake, Holts Lake, Holts Pond, and 
Wendell Lake; 

(b) December 1 to June 5 with dip and bow nets 
in Black Creek, Little River, Middle Creek, 
Mill Creek, Neuse River, and Swift Creek; 



(51) Jones: 
(a) 



(52) 



(53) 



(54) 



(55) 



(56) 



(57) 



(58) 



(b) 



(c) 
(d) 

Lee: 

(a) 



July 1 to June 30 with traps in the Trent 

River below US 17 bridge and White Oak 

River below US 17 bridge; 

December 1 to June 5 with dip, bow, and 

attended gill nets in all inland public waters. 

except the White Oak River and its 

tributaries; 

December 1 to June 5 with dip and bow nets 

in the main run of the White Oak River; 

March 1 to April 30 with attended gill nets 

in the main run of the White Oak River: 



December 1 to April 15 with dip and gill 
nets (local law) in Cape Fear River and Deep 
River; and with gill nets in Morris Pond; 

(b) July 1 to August 31 with seines in Cape Fear 
River; 

(c) July 1 to June 30 with traps in Deep River, 
and with gigs in all public waters; 

Lenoir: 

(a) July 1 to June 30 with traps in Neuse River 
below US 70 bridge at Kinston; 

(b) December 1 to June 5 with dip, bow, and 
attended gill nets in Neuse River and 
Contentnea Creek upstream from NC 118 
bridge at Grifton; and with seines in Neuse 
River; 

Lincoln: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with traps, gigs and spear 
guns in all public waters; 

McDowell: 

(a) July 1 to August 31 with seines in all 
running public waters, except designated 
public mountain trout waters; 

(b) Juh' 1 to June 30 with traps, gigs, and spear 
guns in all public waters, except designated 
public mountain trout waters and Lake 
James; 

Macon: July 1 to June 30 with gigs in all public 

waters, except designated public mountain trout 

waters; 

Madison: July 1 to June 30 with gigs in all public 

waters, except designated public mountain trout 

waters; 

Martin: December 1 to June 5 with dip and bow 

nets in all inland public waters, excluding public 



lakes, ponds, and other impounded waters; and 
with attended gill nets in all inland public waters; 

(59) Mecklenburg: 

(a) July 1 to August 31 with seines in all 
running public waters; 

(b) July 1 to June 30 with traps, gigs and spear 
guns in all public waters except Freedom 
Park Pond and Hornet's Nest Ponds; 

(60) Montgomery: 

(a) July 1 to August 31 with seines in all 
running public waters, except that part of the 
Pee Dee River between the Lake Tillery dam 
at Hydro and the mouth of Rocky River; 

(b) July 1 to June 30 with traps and gigs in all 
public waters; 

(61) Moore: 

(a) December 1 to April 15 with gill nets in 
Deep River and all tributaries; 

(b) July 1 to August 31 with seines in all 
running public waters except in Deep River; 

(c) July 1 to June 30 with gigs in all public 
waters, except lakes located on the Sandhills 
Game Land; and with traps in Deep River 
and its tributaries; 

(62) Nash: 

(a) December 1 to March 1 with gill nets in 
Boddies Pond and Camp Charles Lake; 

(b) July 1 to June 30 with gigs in all public 
waters, except Tar River; 

(c) December 1 to June 5 with dip and bow nets 
in the Tar River below Harris' Landing and 
Fishing Creek below the Fishing Creek Mill 
Dam; 

(63) New Hanover: December 1 to June 5 with dip, 
bow, and attended gill nets in all inland public 
waters, except Sutton (Catfish) Lake; 

(64) Northampton: 

(a) July 1 to June 30 with gigs in all public 
waters, except Gaston and Roanoke Rapids 
Reservoirs and the Roanoke River above the 
US 301 bridge; 

(b) December 1 to June 5 with dip and bow nets 
in Occoneechee Creek, Old River Landing 
Gut; and with dip, bow and gill nets in 
Vaughans Creek below Watsons Mill; 

(c) July 1 to June 30 with dip and cast nets in 
Gaston Reservoir and Roanoke Rapids 
Reservoir; 

(65) Onslow: 

(a) July 1 to June 30 with traps in White Oak 
River below US 17 bridge; 

(b) August 1 to March 31 with eel pots in the 
main run of New River between US 17 
bridge and the mouth of Hawkins Creek; 

(c) December 1 to March 1 with attended gill 
nets in Catherine Lake and Baysden Pond; 

(d) December 1 to June 5 with dip, bow, and 



< 



1027 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



> 



(66) 



(67) 
(68) 



(69) 



(70) 



(71) 



(72) 



I 



attended gill nets in the main run of New 
River; and with dip and bow nets in the main 
run of the White Oak River; 

(e) March 1 to April 30 with attended gill nets 
in the main run of the White Oak River; and 
with dip, bow and attended gill nets in 
Grant's Creek; 

Orange: 

(a) July 1 to August 31 with seines in Haw 
River, 

(b) July 1 to June 30 with gigs in all public 
waters; 

Pamlico: December 1 to June 5 with dip, bow and 
attended gill nets in all inland public wate r s ; 
waters, except Dawson Creek; 
Pasquotank: 

(a) July 1 to June 30 with traps in all inland 
waters; 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding public 
lakes, ponds, and other impounded waters; 
and with attended gill nets in all inland 
public waters; 

Pender: 

(a) December 1 to June 5 with dip, bow, and 
attended gill nets in the Northeast Cape Fear 
River and Long Creek; with dip and bow 
nets in Black River; and with seines in the 
main run of Northeast Cape Fear River; 

(b) December 1 to May 1 with attended gill nets 
in Black River; and with dip, bow, and 
attended gill nets in Moore's Creek 
approximately one mile upstream to New 
Moon Fishing Camp; 

Perquimans: 

(a) July 1 to June 30 with traps in all inland 
waters: 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding public 
lakes, ponds, and other impounded waters; 
and with attended gill nets in all inland 
public waters; 

Person: 
(a) 



(b) 

Pitt: 
(a) 



(b) 



July 1 to August 31 with seines in Hyco 

Creek and Mayo Creek; 

July 1 to June 30 with gigs in all public 

waters. 

July 1 to June 30 with traps in Neuse River 
and in Tar River below the mouth of Hardee 
Creek east of Greenville; 
December 1 to June 5 with dip, bow and 
attended drift gill nets and with seines in Tar 
River; and with dip, bow and attended gill 
nets in all other inland public waters, except 
Grindle Creek, and Contentnea Creek 
between NC 118 bridge at Grifton and the 



Neuse River; 

(73) Polk: July 1 to June 30 with gigs in all public 
waters, except designated public mountain trout 
waters; 

(74) Randolph: 

(a) December 1 to March 1 with gill nets in 
Deep River and Uwharrie River; 

(b) July 1 to August 31 with seines in Deep 
River above the Coleridge Dam and 
Uwharrie River; 

(c) July 1 to June 30 with gigs in all public 
waters; 

(75) Richmond: 

(a) July 1 to August 31 with seines in all 
running public waters, except Pee Dee River 
from Blewett Falls downstream to the 
Seaboard Coast Line Railroad trestle; 

(b) July 1 to June 30 with traps and gigs in all 
public waters, except lakes located on the 
Sandhills Game Land; 

(c) December 1 to June 5 with dip and bow nets 
in Pee Dee River below Blewett Falls Dam, 
and with gill nets in Pee Dee River below the 
mouth of Cartledge Creek; 

(76) Robeson: December 1 to March 1 with attended 
gill nets and gigs in all inland public waters; 

(77) Rockingham: 

(a) July 1 to August 31 with seines in Dan River 
and Haw River; 

(b) July 1 to June 30 with traps in Dan River; 
and with gigs in all public waters; 

(78) Rowan: 

(a) July 1 to August 31 with seines in all 
running public waters, 

(b) July 1 to June 30 with traps and gigs in all 
public waters; 

(79) Rutherford: 

(a) July 1 to August 31 with seines in all 
running public waters, except designated 
public mountain trout waters; 

(b) July 1 to June 30 with traps, gigs, and spear 
guns in all public waters, except designated 
public mountain trout waters; 

(80) Sampson: 

(a) December 1 to March 1 with attended gill 
nets in all inland public waters; 

(b) December 1 to May 1 with attended gill nets 
in Big Coharie Creek, Black River, and Six 
Runs Creek; 

(c) May 2 to June 5 with attended gill nets of no 
less than five and one-half inch stretch 
measure in Big Coharie Creek, Black River, 
and Six Runs Creek; 

(d) December 1 to June 5 with dip and bow nets 
in Big Coharie Creek, Black River, and Six 
Runs Creek; 

(81) Scotland: December 1 to March 1 with attended 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1028 



PROPOSED RULES 



(83) 

(84) 

(85) 
(86) 
(87) 



gill nets in all inland public waters, except lakes 
located on the Sandhills Game Land; 
(82) Stanly: 

(a) July 1 to August 31 with seines in all 
running public waters, except that part of the 
Pee Dee River between the Lake Tillery dam 
at Hydro and the mouth of Rocky River; 

(b) July 1 to June 30 with traps and gigs in all 
public waters; 

Stokes: July 1 to June 30 with traps and gigs in all 

public waters, except designated public mountain 

trout waters, and traps may not be used in Belews 

Creek Reservoir; 

Surry: July 1 to June 30 with gigs in all public 

waters, except designated public mountain trout 

waters; and with traps in the main stem of Yadkin 

River; 

Swain: July 1 to June 30 with gigs in all public 

waters, except designated public mountain trout 

waters; 

Transylvania: July 1 to June 30 with gigs in all 

public waters, except designated public mountain 

trout waters; 

Tyrrell: 

(a) July 1 to June 30 with traps in Scuppernong 
River, Alligator Creek, and the drainage 
canals of Lake Phelps; 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding Lake 
Phelps, public lakes, ponds and other 
impounded waters; and with attended gill 
nets in Alligator Creek; 

(88) Union: 

(a) July 1 to August 31 with seines in all 
running public waters, 

(b) July 1 to June 30 with traps and gigs in all 
public waters; 

(89) Vance: 

(a) December 1 to March 1 with gill nets in 
Southerlands Pond and Ellis Pond; 

(b) July 1 to August 31 with seines in the Tar 
River; 

(c) July 1 to June 30 with gigs in all public 
waters, except Rolands, Faulkners, 
Southerlands, and Weldon Ponds, City Lake, 
and Kerr Reservoir; 

(d) July 1 to June 30 with dip and cast nets in 
Kerr Reservoir; 

(e) July 1 to June 30 with cast nets in all public 
waters; 

(90) Wake: 

(a) July 1 to June 30 with gigs in all public 
waters, except Sunset, Benson, Wheeler, 
Raleigh, and Johnson Lakes; 

(b) December 1 to June 5 with dip and bow nets 
in the Neuse River below Milburnie Dam, 
and Swift Creek below Lake Benson Dam; 



(91) Warren: 



(a) 



July 1 to August 31 with seines in Fishing 
Creek, Shocco Creek, and Walker Creek; 
excluding Duck and Hammes Mill Ponds; 

(b) July 1 to June 30 with gigs in all public 
waters, except Duck and Hammes Mill 
Ponds, Kerr Reservoir, and Gaston 
Reservoir; 

(c) July 1 to June 30 with dip and cast nets in 
Kerr Reservoir and Gaston Reservoir; 

(d) July 1 to June 30 with cast nets in all public 
waters; 

(92) Washington: 

(a) July 1 to June 30 with traps in the drainage 
canals of Lake Phelps; 

(b) December 1 to June 5 with dip and bow nets 
in all inland public waters, excluding Lake 
Phelps, public lakes, ponds and other 
impoundments; and with attended gill nets in 
Conaby Creek; 

(93) Wayne: 

(a) December 1 to March 1 with gill nets in 
Sasser's Mill Pond and Sleepy Creek Lake; 

(b) December 1 to June 5 with dip and bow nets 
in Little River, Mill Creek, and Neuse 
River, except from Quaker Neck Dam 
downstream to SR 1008 (Tolar) bridge; 

(94) Wilkes: July 1 to June 30 with traps in Yadkin 
River below W. Kerr Scott Reservoir; and with 
gigs and spear guns in all public waters, except 
designated public mountain trout waters; 

(95) Wilson: 

(a) July 1 to June 30 with gigs in Contentnea 
Creek (except Buckhorn Reservoir), 
including unnamed tributaries between 
Flowers Mill and SR 1 163 (Deans) bridge; 

(b) December 1 to June 5 with dip and bow nets 
in Contentnea Creek below US 301 bridge 
and in Toisnot Swamp downstream from the 
Lake Toisnot Dam; 

(c) January 1 to March 1 with gill nets in Silver 
Lake; 

(96) Yadkin: July 1 to June 30 with gigs in all public 
waters, and with traps in the main stem of Yadkin 
River. 

Authority G.S. 113-134; 113-276; 113-292. 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Wildlife Resources Commission 
intends to amend rules cited as 15 A NCAC WD .0002 - 
. 0004. Notice of Rule-making Proceedings was published in 
the Register on September 15, 1997. 

Proposed Effective Date: July 1, 1998 



♦ 



1029 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



Public Hearings will be conducted on the following dates 
and locations: 

7:00 p.m. 

January 20, 1998 

Jackson County 

Community College 

Sylva, NC 

7:00 p.m. 

January 21, 1998 

Morganton Civic Center 

Auditorium 

Morganton, NC 

7:00 p.m. 

January 22, 1998 

Starmount High School 

Boonville, NC 

7:00 p.m. 
January 26, 1998 

Courthouse 
Elizabeth! own, NC 

7:00 p.m. 

January 27, 1998 

Courthouse 

Graham, NC 

7:00 p.m. 

Januan- 28, 1998 

North Stanly High School 

Albemarle, NC 

7:00 p.m. 

February 2, 1998 

Swain Auditorium 

Edenton, NC 

7:00 p.m. 

February 3, 1998 

Courthouse 

New Bern, NC 

7:00 p.m. 

February 4, 1998 

Courthouse 

Nashville, NC 

Reason for Proposed Action: Set /amend game lands 
regulations necessary to manage and present the resource. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from December 15, 1997 to February 11, 1998. 
Such written comments must be delivered or mailed to the NC 



Wildlife Resources Commission, 
Raleigh, NC 27604-1188. 



512 N. Salisbun,' Street, 



Fiscal Note: Tliese Rules do not affect the expenditures or 
revenues of state or local government funds. Tliese Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

SUBCHAPTER 10D - GAME LANDS 
REGULATIONS 

.0002 GENERAL REGULATIONS REGARDING 
USE 

(a) Trespass. Entry on game lands for purposes other than 
hunting, trapping or fishing shall be as authorized by the 
landowner and there shall be no removal of any plants or 
parts thereof, or other materials, without the written 
authorization of the landowner. Travel is restricted, except 
by authorized personnel, to direct access from SR 2074 to the 
established waterfowl viewing stands on Cowan's Ford 
Waterfowl Refuge. The Wildlife Resources Commission may 
designate areas on game lands as either an Archery Zone, 
Safety Zone or Restricted Zone. 

(1) Archery Zone. On portions of game lands posted 
as "Archery Zones" hunting is limited to bow and 
arrow hunting only. 

(2) Safety Zone. On portions of game lands posted as 
"Safety Zones" hunting is prohibited. No person 
shall hunt or discharge a firearm or bow and arrow 
within, into, or across a posted safety zone on any 
game land. 

(3) Restricted Zone. Portions of game lands posted as 
"Restricted Zones" are closed to all use by the 
general public, and entry upon such an area for any 
purpose is prohibited without first having obtained 
specific written approval of such entry or use from 
an authorized agent of the Wildlife Resources 
Commission. 

(4) Establishment of Archery and Restricted Zones. 
The Commission shall conduct a public input 
meeting in the area where the game land is located 
before establishing any archery or restricted zone. 
After the input meeting the public comments shall 
be presented to an official Commission meeting for 
final determination. 

(b) Littering. No person shall deposit any litter, trash, 
garbage, or other refuse at any place on any game land except 
in receptacles provided for disposal of such refuse at 
designated camping and target-shooting areas. No garbage 
dumps or sanitary landfills shall be established on any game 
land by any person, firm, corporation, county or 
municipality, except as permitted by the landowner. 

(c) Possession of Hunting Devices. It is unlawful to 
possess a firearm or bow and arrow on a game land at any 
time except during the open hunting seasons or hunting days 
for game birds or game animals, other than fox, thereon 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1030 



PROPOSED RULES 



unless said device is cased or not immediately available for 
use, provided that such devices may be possessed and used by 
persons participating in field trials on field trial areas and on 
target shooting areas designated by the landowner, and 
possessed in designated camping areas for defense of persons 
and property; and provided further that .22 caliber pistols 
with barrels not greater than seven and one-half inches in 
length and shooting only short, long, or long rifle 
ammunition may be carried as side arms on game lands at any 
time other than by hunters during the special bow and arrow 
and muzzle-loading firearms deer hunting seasons and by 
individuals training dogs during closed season without field 
trial authorization. This Rule shall not prevent possession or 
use of a bow and arrow as a licensed special fishing device in 
those waters where such use is authorized. During the closed 
firearms seasons on big game (deer, bear, boar, wild turkey), 
no person shall possess a shotgun shell containing larger than 
No. 4 shot or any rifle or pistol larger than a .22 caliber 
rimfire while on a game land, except that shotgun shells 
containing any size steel or non-toxic shot may be used while 
waterfowl hunting. Furthermore, only shotguns with any 
size shot may be possessed during the big game season for 
turkey. No person shall hunt with or have in possession any 
shotgun shell containing lead or toxic shot while hunting on 
any posted waterfowl impoundment on any game land, or 
while hunting waterfowl on Butner-Falls of Neuse Game 
Land or New Hope Game Land, except shotgun shells 
containing lead buckshot may be used while deer hunting, 
(d) Game Lands License: Hi Hunting and Trapping 

(1) {^Requirement. Except as provided in Pa r t (D) 
Subparagraph (2) of this Paragraph, any person 
entering upon any game land for the purpose of 
hunting, trapping, or participating in dog training 
or field trial activities shall have in his possession a 
game lands license in addition to the appropriate 
hunting or trapping licenses. 

(2) HJ)Exceptions 

(A) tr>A person under 16 years of age may hunt 
on game lands on the license of his parent or 
legal guardian. 

(B) rrHThe resident and nonresident sportsman's 
licenses include game lands use privileges. 

(C) rnf>Judges and nonresidents participating in 
field trials under the circumstances set forth 
in Subsection (e) of this Rule may do so 
without the game lands license. 

(D) frvtOn the game lands described in Rule 
.0003(e)(2) of this Subchapter the game 
lands license is required only for hunting 
doves; all other activities are subject to the 
control of the landowners. 



m- 



-+ 



r out Fishing. — Any pe rson 16 years of age o r 
ove r , including an individual fishing with natu r al 
bait in the county of his resid e nc e , e nte r ing a game 
land fo r the p u rp ose of fishing in designated p ublic 
mountain t r oul wate r s located the re on shall hav e in 
his p ossession a gam e lands license in addition to 



th e re gula r fishing licens e and s pe cial t r out licens e . 
The game lands license is not re qui r ed to fish in 
that p art of Slick Rock C r eek which coincides with 
th e Tenn e ss ee State line, o r wh e n fishing f r om boat 
on Caldenvood Lak e . Th e re sid e nt and non r esident 
s p o r tsman's licenses and short-term comprehensive 
fishing licenses includ e t r out fishing pr ivileges on 
game lands. 
(e) Field Trials and Training Dogs. A person serving as 
judge of a field trial which, pursuant to a written request 
from the sponsoring organization, has been officially 
authorized in writing and scheduled for occurrence on a game 
land by an authorized representative of the Wildlife Resources 
Commission, and any nonresident participating therein may 
do so without procuring a game lands license, provided such 
nonresident has in his possession a valid hunting license 
issued by the state of his residence. Any individual or 
organization sponsoring a field trial on the Sandhills Field 
Trial grounds or the Laurinburg Fox Trial facility shall file 
with the commission's agent an application to use the area 
and facility accompanied by the facility use fee computed at 
the rate of one hundred dollars (S 100.00) for each scheduled 
day of the trial. The total facility use fee shall cover the 
period from 12:00 noon of the day preceding the first 
scheduled day of the trial to 10:00 a.m. of the day following 
the last scheduled day of the trial. The facility use fee shall 
be paid for all intermediate days on which for any reason 
trials are not run but the building or facilities are used or 
occupied. A fee of twenty-five dollars (S25.00) per day shall 
be charged to sporting, educational, or scouting groups for 
scheduled events utilizing the club house only. No person or 
group of persons or any other entity shall enter or use in any 
manner any of the physical facilities located on the 
Laurinburg Fox Trial or the Sandhills Field Trial grounds 
without first having obtained specific written approval of 
such entry or use from an authorized agent of the Wildlife 
Resources Commission, and no such entry or use of any such 
facility shall exceed the scope of or continue beyond the 
specific approval so obtained. The Sandhills Field Trial 
facilities shall be used only for field trials scheduled with the 
approval of the Wildlife Resources Commission. No more 
than 16 days of field trials may be scheduled for occurrence 
on the Sandhills facilities during any calendar month, and no 
more than four days may be scheduled during any calendar 
week; provided, that a field trial requiring more than four 
days may be scheduled during one week upon reduction of 
the maximum number of days allowable during some other 
week so that the monthly maximum of 16 days is not 
exceeded. Before October 1 of each year, the North Carolina 
Field Trial Association or other organization desiring use of 
the Sandhills facilities between October 22 and November 18 
and between December 3 and March 31 shall submit its 
proposed schedule of such use to the Wildlife Resources 
Commission for its consideration and approval. The use of 
the Sandhills Field Trial facilities at any time by individuals 
for training dogs is prohibited; elsewhere on the Sandhills 
Game Lands does mav be trained only on Mondavs. 



1031 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



Wednesdays and Saturdays from October 1 through April 1 . 
Dogs may not be trained or permitted to run unleashed from 
April 1 through August 15 on any game land located west of 
1-95, except when participating in field trials sanctioned by 
the Wildlife Resources Commission. Additionally, on game 
lands located west of 1-95 where special hunts are scheduled 
for sportsmen participating in the Disabled Sportsman 
Program, dogs may not be trained or allowed to run 
unleashed during legal big game hunting hours on the dates of 
the special hunts. 

(f) Trapping. Subject to the restrictions contained in 15A 
NCAC 10B .0110, .0302 and .0303, trapping of furbearing 
animals is permitted on game lands during the applicable 
open seasons, except that trapping is prohibited: 

(1) on the field trial course of the Sandhills Game 
Land; 

(2) on the Harmon Den and Sherwood bear sanctuaries 
in Haywood County; 

(3) in posted "safety zones" located on any game land; 

(4) by the use of multiple sets (with anchors less than 
15 feet apart) or bait on the National Forest Lands 
bounded by the Blue Ridge Parkway on the south, 
US 276 on the north and east, and NC 215 on the 
west; 

(5) on Cowan's Ford Waterfowl Refuge in Gaston, 
Lincoln and Mecklenburg Counties; 

(6) on the Hunting Creek Swamp Waterfowl Refuge. 
Refuge: 

(7) on the John's River Waterfowl Refuge in Burke 
County; 

(8) on the Dupont State Forest Game Lands. 

On those areas of state-owned land known collectively as the 
Roanoke River Wetlands controlled trapping is allowed under 
a permit system. 

(g) Use of Weapons. No person shall hunt or discharge a 
firearm or bow and arrow from a vehicle, or within 200 yards 
of any building or designated camping area, or within, into, 
or across a posted "safety zone" on any game land. No 
person shall hunt with or discharge a firearm within, into, or 
across a posted "restricted zone" on any game land. 

(h) Vehicular Traffic. No person shall drive a motorized 
vehicle on any game land except on those roads constructed, 
maintained and opened for vehicular travel and those trails 
posted for vehicular travel, unless such person: 

(1) is a participant in scheduled bird dog field trials 
held on the Sandhills Game Land; or 

(2) holds a Disabled Access Program Permit as 
described in (n) below and is abiding by the rules 
described in that paragraph. 

(i) Camping. No person shall camp on any game land 
except on an area designated by the landowner for camping. 
Camping and associated equipment in designated Hunter 
Camping Areas at Butner-Falls of the Neuse, Caswell, and 
Sandhills Game Lands is limited to Sept. _L Feb. 29 and Apr. 
7 - May 14. 

(j) Swimming. Swimming is prohibited in the lakes 
located on the Sandhills Game Land. 



(k) Disabled Sportsman Program. In order to qualify for 
special hunts for disabled sportsmen listed in 15A NCAC 
10D .0003 an individual shall have in their possession a 
Disabled Sportsman permit issued by the Commission. In 
order to qualify for the permit, the applicant shall provide 
medical certification of one or more of the following 
disabilities: 

( 1 ) amputation of one or more limbs; 

(2) paralysis of one or more limbs; 

(3) dysfunction of one or more limbs rendering the 
person unable to perform the task of grasping and 
lifting with the hands and arms or unable to walk 
without mechanical assistance, other than a cane; 

(4) disease or injury or defect confining the person to a 
wheelchair, walker, or crutches; or 

(5) legal deafness, meaning the inability to hear and/or 
understand oral communications with or without 
assistance of amplification devices. 

Participants in the program, except those qualifying by 
deafness, may operate vehicles on ungated or open-gated 
roads normally closed to vehicular traffic on Game Lands 
owned by the Wildlife Resources Commission. Each 
program participant may be accompanied by one able-bodied 
companion provided such companion has in his possession the 
companion permit issued with the Disabled Sportsman 
permit. 

(1) Release of Animals. Animals and Fish. It is unlawful 
to release pen-raised animals or birds, or wild animals or 
bi r ds birds, or hatchery-raised fish on game lands without 
prior written authorization. Also, it is unlawful to move wild 
fish from one stream to another on game lands without prior 
written authorization. 

(m) Non-Highway Licensed Vehicles. It is unlawful to 
operate motorized vehicles not licensed for highway use from 
May 15 through August 31 F5 on all state-owned Game 
Lands. Such vehicles may be operated September 1 Augus t 
F6 through May 14 only on those roads constructed, 
maintained, and open for vehicular travel and those trails 
posted for vehicular use. All operators of such vehicles shall 
have, in their possession, a valid Game Lands Use license. 

(n) Disabled Access Program. Permits issued under this 
program shall be based upon competent medical evidence 
submitted by the person verifying that a handicap exists that 
limits physical mobility to the extent that normal utilization 
of the game lands is not possible without vehicular assistance. 
Persons meeting this requirement may operate electric wheel 
chairs, all terrain vehicles, and other passenger vehicles on 
ungated or open-gated roads otherwise closed to vehicular 
traffic on game lands owned by the Wildlife Resources 
Commission and on game lands whose owners have agreed to 
such use. Those game lands where this special rule applies 
shall be designated in the game land rules and map book. 
This special access rule for disabled sportsmen does not 
permit vehicular access on fields, openings, roads, paths, or 
trails planted to wildlife food or cover. One able-bodied 
companion, who is identified by a special card issued to each 
qualified disabled person, may accompany a disabled person 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1032 



PROPOSED RULES 



to provide assistance, provided the companion is at all times 
in visual or verbal contact with the disabled person. The 
companion may participate in all lawful activities while 
assisting a disabled person, provided license requirements are 
met. Any vehicle used by a qualified disabled person for 
access to game lands under this provision shall prominently 
display the vehicular access permit issued by the Wildlife 
Resources Commission in the passenger area of the vehicle. 
It shall be unlawful for anyone other than those holding a 
Disabled Access Permit to hunt, during waterfowl season, 
within 100 yards of a waterfowl blind designated by the 
Wildlife Resources Commission as a Disabled Sportsman's 
hunting blind. 

Authority- G.S. 113-134; 113-264; 113-270.3; 113-291.2; 
113-291.5; 113-305; 113-306. 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while hunting on any 
designated game land shall be under the influence of alcohol 
or any narcotic drug, or fail to comply with special 
restrictions enacted by the National Park Service regarding 
the use of the Blue Ridge Parkway where it adjoins game 
lands listed in this Rule. 

(b) Traffic Requirements. No person shall park a vehicle 
on game lands in such a manner as to block traffic, gates or 
otherwise prevent vehicles from using any roadway. 

(c) Tree Stands. It is unlawful to erect or to occupy, for 
the purpose of hunting, any tree stand or platform attached by 
nails, screws, bolts or wire to a tree on any game land 
designated herein. This prohibition shall not apply to 
lag-screw steps or portable stands that are removed after use 
with no metal left remaining in or attached to the tree. 

(d) Time and Manner of Taking. Except where closed to 
hunting or limited to specific dates by this Chapter, hunting 
on game lands is permitted during the open season for the 
game or furbearing species being hunted. On managed 
waterfowl impoundments, hunters shall not enter the posted 
impoundment areas earlier than 4:00 a.m. on the permitted 
hunting dates, and hunting is prohibited after 1:00 p.m. on 
such hunting dates; decoys shall not be set out prior to 4:00 
a.m. and must be removed by 3:00 p.m. each day. No 
person shall operate any vessel or vehicle powered by an 
internal combustion engine on a managed waterfowl 
impoundment. No person shall attempt to obscure the sex or 
age of any bird or animal taken by severing the head or any 
other part thereof, or possess any bird or animal which has 
been so mutilated. No person shall place, or cause to be 
placed on any game land, salt, grain, fruit, or other foods 
without prior written authorization of the commission or its 
agent. A decision to grant or deny authorization shall be 
made based on the best management practices for the wildlife 
species in question. No person shall take or attempt to take 
any game birds or game animals attracted to such foods. No 
live wild animals or wild birds shall be removed from any 
game land. 

(e) Definitions: 



( 1 ) For purposes of this Section "Eastern" season refers 
to seasons set for those counties or parts of counties 
listed in 15A NCAC 10B .0203(b)(1)(A); "Central" 
season refers to seasons set for those counties or 
parts of counties listed in 15A NCAC 10B 
. 0203(b)(1)(D); .0203(b)(1)(C): "Northwestern" 
season r efe r s to seasons set fo r those counties or 
p a r ts of counties — feted — m — t5A — NCAC — WB 
.0203(b)(1)(D); "Western" season refers to seasons 
set for those counties or parts of counties listed in 
15A NCAC 10B .0203(b)(1)(C). .0203(b)(1)(B). 

(2) For purposes of this Section, "Dove Only Area" 
refers to a Game Land on which doves may be 
taken and dove hunting is limited to Mondays, 
Wednesdays, Saturdays and to Thanksgiving, 
Christmas and New Year's Days within the 
federally-announced season. 

(3) For purposes of this Section, "Three Days per 
Week Area" refers to a Game Land on which any 
game may be taken during the open seasons and 
hunting is limited to Mondays, Wednesdays, 
Saturdays and Thanksgiving, Christmas and New 
Year's Days. These "open days" o p en days also 
apply to either-sex hunting seasons listed under 
each game land. Raccoon and opossum hunting 
may continue until 7:00 a.m. on Tuesdays, until 
7:00 a.m. on Thursdays, and until midnight on 
Saturdays. 

(4) For purposes of this Section, "Six Days per Week 
Area" refers to a Game Land on which any game 
may be taken during the open seasons, except that: 

(A) Bears shall not be taken on lands designated 
and posted as bear sanctuaries; 

(B) Wild boar shall not be taken with the use of 
dogs on such bear sanctuaries, and wild boar 
may be hunted only during the bow and 
arrow seasons, the muzzle-loading deer 
season and the regular gun season on male 
deer on bear sanctuaries; 

(C) On game lands open to deer hunting located 
in or west of the counties of Rockingham, 
Guilford, Randolph, Montgomery and 
Anson, the following rules apply to the use 
of dogs during the regular season for hunting 
deer with guns: 

(i) Except for the counties of Cherokee, 
Clay, Graham, Jackson, Macon, 
Madison, Polk, and Swain, game 
birds shttrl may be hunted with dogs. 

(ii) In the counties of Cherokee, Clay, 
Graham, Jackson, Macon, Madison, 
Polk, and Swain, small game in 
season shaft may be hunted with dogs 
on all game lands except on bear 
sanctuaries. 

(D) On bear sanctuaries in and west of Madison, 
Buncombe, Henderson and Polk counties 



1033 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



I 



I 



dogs shall not be trained or allowed to run 
unleashed between March 1 and the Monday 
on or nearest October 15; 
(f) Game Lands Seasons and Other Restrictions: 

(1) Alcoa Game Land in Davidson, Davie, 
Montgomery, Rowan and Stanly counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(2) Angola Bay Game Land in Duplin and Pender 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(3) Anson Game Land in Anson County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(4) Bachlelor Bay Game Land in Bertie and 
Washington counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(5) Belews Lake Game Lands in Rockingham and 
Stokes counties 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. 

(6) f5)Bertie County Game Land in Bertie County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(7) (6)Bladen County Game Land in Bladen County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(C) A special permit is required for hunting on 
the Suggs Mill Pond portion of the Bladen 
County Game Lands. 

(8) t?)Bladen Lakes State Forest Game Land in Bladen 
County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 
Deer of either sex may also be taken the 
Saturday preceding Eastern bow season with 
bow and arrow and the Friday preceding the 
Eastern muzzle-loading season with any legal 
weapon (with weapons exceptions described 



m 



(10) 



mi 



■mr 



in this Paragraph) by participants in the 
Disabled Sportsman Program. 

(C) Handguns shall not be carried and, except 
for muzzle-loaders, rifles larger than .22 
caliber rimfire shall not be used or 
possessed. 

(D) On the Breece Tract and the Singletary Tract 
deer and bear may be taken only by still 
hunting. 

(E) Wild turkey hunting is by permit only. 
f#)Brushy Mountains Game Land in Caldwell 
County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(^tBullard and Branch Hunting Preserve Game 
Lands in Robeson County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

tW)Butner - Falls of Neuse Game Land in Durham, 
Granville and Wake counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(C) Waterfowl may be taken only on Tuesdays, 
Thursdays and Saturdays, Christmas and 
New Year's Days, and on the opening and 
closing days of the applicable waterfowl 
seasons. Waterfowl shall not be taken after 
1:00 PM. On the posted waterfowl 
impoundments a special permit is required 
for all waterfowl hunting, hunting after 
November L_ 

(D) Horseback riding, including all equine 
species, is prohibited. 

(E) Target shooting is prohibited. 

(F) Wild turkey hunting is by permit only. 
Carson Woods Game Land in Ashe County 
(A) Three Days p e r Week A r ea 



(B-) Dee r of eith er sex 



may b e taken the last op e n 
day of the a p plicabl e Dee r With Visible 
Antlers Season. 
(12) Caswell Game Land in Caswell County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. Deer of either sex 
may also be taken the Friday preceding the 
Central muzzle-loading season by 
participants in the Disabled Sportsman 
Program. 

(C) Horseback riding is allowed only during 
June, July, and August and on Sundays 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1034 



PROPOSED RULES 



(23) 



(24) 



during the remainder of the year except 
during open turkey and deer seasons. 
Horseback riding is allowed only on roads 
opened to vehicular traffic. Participants 
must obtain a game lands license prior to 
engaging in such activity. 

(13) Caswell Farm Game Land in Lenoir County 
(A) Dove-Only Area 

(14) Catawba Game Land in Catawba and Iredell (22) 
counties 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. 

(C) Deer may be taken with bow and arrow only 
from the tract known as Molly's Backbone. 

(15) Chatham Game Land in Chatham County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(16) Cherokee Game Land in Ashe County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(17) Cherry Farm Game Land in Wayne County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 

Visible Antlers Season. (25) 

(C) The use of centerfire rifles and handguns is 
prohibited. 

(18) Chowan Game Land in Chowan County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 

open days and the last six open days all th e (26) 

o pe n days of the applicable Deer With 
Visible Antlers Season. 

(19) Chowan Swamp Game Land in Gates County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 

days of the applicable Deer With Visible (27) 

Antlers Season. 

(20) Columbus County Game Land in Columbus 
County. 

(A) Three S-nc Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(21) Croatan Game Land in Carteret, Craven and Jones 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(C) Waterfowl may be taken only on Mondays, 



Wednesdays, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. 

rBl B e ar s e ason extends f r om the second Monday 

in Novembe r th r ough the following Saturday 
in that portion in Jones and Craven counti e s 
and runs with the county s e ason in Carteret. 

Dare Game Land in Dare County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(C) No hunting on posted parts of bombing 
range. 

(D) The use and training of dogs is prohibited 
from March 1 through June 30. 

Dupont State Forest Game Lands in Henderson and 
Transylvania counties 

(A) Hunting is by Permit only. 

(B) The training and use of dogs for hunting 
except during scheduled small game permit 
hunts for squirrel, grouse, rabbit, or quail is 
prohibited. 

r^HDysartsville Game Land in McDowell and 
Rutherford counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

<-2+yElk Knob Game Land in Ashe and Watauga 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

f55iGardner-Webb Game Land in Cleveland 
County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

<-?6)Goose Creek Game Land in Beaufort and 
Pamlico counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(C) On posted waterfowl impoundments 
waterfowl may be taken only on Mondays, 
Wednesdays. Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. After November 1, on 
the Pamlico Point, Campbell Creek, Hunting 
Creek and Spring Creek impoundments, a 
special permit is required for hunting on 



1035 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



opening and closing days of the duck 
seasons, Saturdays of the duck seasons, and 
on Thanksgiving and New Year's day. (34) 

(28) t^Green River Game Land in Henderson, Polk 
and Rutherford counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 

Visible Antlers Season in that portion in (35) 

Rutherford County; and deer of either sex 
may be taken the last open day of the 
applicable Deer With Visible Antlers Season 
in that portion in Polk and Henderson 
counties. 

(29) f2#>Green Swamp Game Land in Brunswick (36) 
County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(30) (29)Gull Rock Game l^ in Hyde County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(C) On the posted waterfowl impoundments of 
Gull Rock Game Land hunting of any species 
of wildlife is limited to Mondays, 
Wednesdays, Saturdays; Thanksgiving, 
Christmas, and New Year's Days; and the (37) 
opening and closing days of the applicable 
waterfowl seasons. 

(31) Hickorvnut Mountain Game Land in McDowell 
County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 

open days of the applicable Deer With (38) 

Visible Antlers Season. 

(32) t3fr)Hofmann Forest Game Land in Jones and 
Onslow counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six (39) 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(33) (3-rjHolly Shelter Game Land in Pender County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six (40) 
open days of the applicable Deer With 

Visible Antlers Season. Deer of either sex 

may also be taken the Friday preceding the 

Eastern muzzle-loading season with any legal 

weapon and the Saturday preceding Eastern (41) 

bow season with bow and arrow by 

participants in the Disabled Sportsman 

Program 

(C) Waterfowl may be taken on the opening and 
closing days of the applicable waterfowl 



seasons regardless of the day of the week on 

which they occur. 
f32}Huntsville Community Farms Game Land in 
Yadkin County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. 

t33-)Hyco Game land in Person County and Caswell 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(34tJordan Game Land in Chatham, Durham, 

Orange and Wake counties 

(A) Six Days per Week Area 

Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 
Waterfowl may be taken only on Mondays, 
Wednesdays, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. 

Horseback riding, including all equine 
species, is prohibited. 
Target shooting is prohibited. 
Wild turkey hunting is by permit only. 

tS^Lantern Acres Game Land in Tyrrell and 

Washington counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days the last 
six o p en days of the applicable Deer With 
Visible Antlers Season. 

t36)Lee Game Land in Lee County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

t^T^Linwood Game Land in Davidson County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(3StMoore Game Land in Moore County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

f39}Nantahala Game Land in Cherokee, Clay, 
Graham, Jackson, Macon, Swain and Transylvania 
counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 



(B) 



(C) 



(D) 

(E) 
ill 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1036 



PROPOSED RULES 



Antlers Season in that portion located in 
Transylvania County. (49) 

(C) Raccoon and opossum may be hunted only 
from sunset Friday until sunrise on Saturday 
and from sunset until 12:00 midnight on 
Saturday on Fires Creek Bear Sanctuary in 
Clay County and in that part of Cherokee 
County north of US 64 and NC 294, east of 
Persimmon Creek and Hiwassee Lake, south 
of Hiwassee Lake and west of Nottely River; 
in the same part of Cherokee County dog 
training is prohibited from March 1 to the (50) 
Monday on or nearest October 15. 

(D) It is unlawful to train dogs or allow dogs to 
run unleashed on any game land in Graham 
County between March 1 and the Monday on 
or nearest October 15. 

(42) (46}Neuse River Game Land in Craven County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(43) {4+)New Lake Game Land in Hyde County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(44) f42)North River Game Land in Currituck County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six (51) 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(45) (43)No r thcast Cape Fear Game Land in Pender 
County 

(A) Six Days per Week Area (52) 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(46) t*4-}Northwest River Marsh Game Land in 
Currituck County 

(A) Six Days per Week Area (53) 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(47) f45)Pee Dee River Game Land in Anson, 
Montgomery, Richmond and Stanly counties (54) 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(C) Use of centerfire rifles prohibited in that (55) 
portion in Anson and Richmond counties 

North of US-74. 

(48) Perkins Game Land in Davie County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 



Antlers Season. 
f46)Person Game Land in Person County 



(A) 
(B) 



(C) 



Six Days per Week Area 
Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 
Waterfowl may be taken only on Tuesdays, 
Thursdays and Saturdays, Christmas and 
New Year's Days, and on the opening and 
closing days of the applicable waterfowl 
seasons. 
t^i^Pisgah Game Land in Avery, Buncombe, 
Burke, Caldwell, Haywood, Henderson, Madison, 
McDowell, Mitchell, Transylvania, Watauga and 
Yancey counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season except on that portion of 
Avery County north of the Blue Ridge 
Parkway. 

(C) Harmon Den and Sherwood Bear Sanctuaries 
in Haywood County are closed to hunting 
raccoon, opossum and wildcat. Training 
raccoon and opossum dogs is prohibited 
from March 1 to the Monday on or nearest 
October 15 in that part of Madison County 
north of the French Broad River, south of 
US 25-70 and west of SR 1319. 

f48)Pungo River Game Land in Hyde County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

f49)Roanoke River Wetlands in Bertie, Halifax and 

Martin counties 

(A) Hunting is by Permit only. Vehicles are 
prohibited on roads or trails except those 
operated on official Commission business or 
by permit holders. 

(50}Robeson Game Land in Robeson County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(5+)Sampson Game Land in Sampson County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

f52)Sandhills Game Land in Moore, Richmond and 
Scotland counties 

(A) Three Days per Week Area 

(B) The Deer With Visible Antlers season for 
deer consists of the open hunting dates from 
the second Monday before Thanksgiving 
through the third Saturday after 



« 



t 



1037 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



> 



> 



Thanksgiving except on the field trial (59) 

grounds where the gun season is from the 
second Monday before Thanksgiving through 
the Saturday following Thanksgiving. Deer 
may be taken with bow and arrow on all 
open hunting dates during the bow and arrow 
season, as well as during the regular gun (60) 

season. Deer may be taken with 

muzzle-loading firearms on Monday, 
Wednesday and Saturday of the second week 
before Thanksgiving week, and during the 
Deer With Visible Antlers season. 
(C) Gun either-sex deer hunting is by permit (61) 

only the Thursday and Friday before 
Thanksgiving Week. For participants in the 
Disabled Sportsman Program, either-sex deer 
hunting with any legal weapon is permitted 
on all areas the Thursday and Friday prior to 
the muzzle-loading season described in the 
preceding paragraph. Except for the deer 
seasons indicated in the preceding paragraph 
and the managed either-sex permit hunts, the 
field trial grounds are closed to all hunting 
during the period October 22 to March 3 1 . 
In addition to the regular hunting days, 
waterfowl may be taken on the opening and 
closing days of the applicable waterfowl 
seasons 

Wild turkey hunting is by permit only. 
Dove hunting on the field trial grounds will 
be prohibited from the second Sunday in (62) 

September through the remainder of the 
hunting season. 

(56) t5-3-)Sauratown Plantation Game Land in Stokes 
County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. 

(57) tM)Shearon Harris Game Land in Chatham and (63) 
Wake counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

(C) Waterfowl may be taken only on Tuesdays, (64) 
Fridays, Saturdays; on Thanksgiving, 
Christmas and New Year's Days; and on the 
opening and closing days of the applicable 
waterfowl seasons. 

(58) t5"5->South Mountains Game Land in Bu r ke and 
Cl e v e land Burke, Cleveland. McDowell and 
Rutherford counties 

(A) Six Days per Week Area (65) 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 



(D) 



(E) 
(F) 



<-5<T>Sutton Lake Game Land in New Hanover 
County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

t5?-)Three Top Mountain Game Land in Ashe 
County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

t58fThurmond Chatham Game Land in Wilkes 
County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. Participants of the 
Disabled Sportsman Program may also take 
either-sex deer with bow and arrow on the 
Saturday prior to Western Northw e st er n bow 
and arrow season. 

(C) Horseback riding is only allowed during 
June, July, and August and on Sundays 
during the remainder of the year except 
during open turkey and deer seasons. 
Horseback riding is allowed only on roads 
opened to vehicular traffic. Participants 
must obtain a game lands license prior to 
horseback riding on this area. 

(59)Toxaway Game Land in Transylvania County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last open 
day of the applicable Deer With Visible 
Antlers Season. Participants of the Disabled 
Sportsman Program Deer may also take deer 
of either sex with any legal weapon on the 
Saturday prior to the first segment of the 
Western bow and arrow season. 

(60)Uwharrie Game Land in Davidson, 
Montgomery and Randolph counties 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the first six 
open days and the last six open days of the 
applicable Deer With Visible Antlers Season. 

f6F)Vance Game Land in Vance County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken all the open 
days of the applicable Deer With Visible 
Antlers Season. 

(C) The use of dogs, centerfire rifles and 
handguns for hunting deer is prohibited on 
the Nutbush Peninsula tract. 

<-6-2-)White Oak River Impoundment Game Land in 
Onslow County 

(A) Three Days per Week Area 

(B) Deer of either sex may be taken all the open 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1038 



PROPOSED RULES 



days of the applicable Deer With Visible 
Antlers Season. 
(C) Waterfowl may be taken on the opening and 
closing days of the applicable waterfowl 
seasons regardless of the day of the week on 
which they occur. 
(66) f63-)Yadkin Game Land in Caldwell County 

(A) Six Days per Week Area 

(B) Deer of either sex may be taken the last six 
open days of the applicable Deer With 
Visible Antlers Season. 

(g) On permitted type hunts deer of either sex may be 
taken on the hunt dates indicated on the permit. Completed 
applications must be received by the Commission not later 
than the first day of September next preceding the dates of 
hunt. Permits shall be issued by random computer selection, 
shall be mailed to the permittees prior to the hunt, and shall 
be nontransferable. A hunter making a kill must tag the deer 
and report the kill to a wildlife cooperator agent, agent or by 
phone. 

(h) The following game lands and refuges shall be closed 
to all hunting except to those individuals who have obtained a 
valid and current permit from the Wildlife Resources 
Commission: 

Bertie, Halifax and Martin counties-Roanoke River 

Wetlands; 

Bertie County-Roanoke River National Wildlife Refuge. 

Burke County-John's River Waterfowl Refuge. 

Dare County— Dare Game Lands (Those parts of bombing 

range posted against hunting). 

Davie-Hunting Creek Swamp Waterfowl Refuge. 

Gaston, Lincoln and Mecklenburg counties-Cowan's Ford 

Waterfowl Refuge. 

Henderson and Transylvania counties-Dupont State Forest 

Game Lands. 

Authority G.S. 113-134; 113-264; 113-291.2; 113-291.5; 
113-305. 

.0004 FISHING ON GAME LANDS 

(a) Generally. Except as otherwise indicated herein, 
fishing on game lands which are open to fishing shall be in 
accordance with the statewide regulations. All game lands 
are open to public fishing except restocked ponds when 
posted against fishing, Hunting Creek Swamp Waterfowl 
Refuge, Grogan Creek in Transylvania County, and in the 
case of private ponds where fishing may be prohibited by the 
owners thereof. No trotline or set-hook or any net, trap, gig, 
bow and arrow or other special fishing device of a type 
mentioned in 15A NCAC IOC .0403 may be used in any of 
the impounded waters located on the Sandhills Game Land. 

(b) Designated Public Mountain Trout Waters 

(1) Fishing Hours. It is unlawful to fish in designated 
public mountain trout waters on any game land 
from one-half hour after sunset to one-half hour 
before sunrise, except in Hatchery Supported Trout 
waters as stated in 15A NCAC 10C .0305(a), 



Delayed Harvest waters as stated in 15A NCAC 
10C .0205(a)(5), and in the game lands sections of 
the Nantahala River located downstream from the 
Swain County rmc? line, and the sections of Green , 
River in Polk County located on Green River Game 
Lands from Fish Stop Falls Access Area 
downstream to Brights Creek. 

(2) Location. All waters located on the game lands 
listed in this Subparagraph are designated public 
mountain trout waters except Cherokee Lake, 
Grogan Creek, and Big Laurel Creek downstream 
from the US 25-70 bridge to the French Broad 
River, Pigeon River downstream of Waterville 
Reservoir to Tennessee line, Nolichucky River, and 
Mill Ridge Pond and Cheoah River downstream of 
Santeetlah Reservoir. 

Three Top Mountain Game Land, Ashe County 
Nantahala National Forest Game Lands in the 
Counties of Cherokee, Clay, Graham, Jackson, 
Macon, Swain and Transylvania 
Pisgah National Forest Game Lands in the 
Counties of Avery, Buncombe, Burke, 
Caldwell, Haywood, Henderson, Madison, 
McDowell, Mitchell, Transylvania and Yancey 
South Mountains Game Land in Burke County 
Thurmond Chatham Game Land in Wilkes 
County 
Toxaway Game Land in Transylvania County 

(3) All designated public mountain trout waters located 
on the game lands listed in Subparagraph (b)(2) of 
this Rule are wild trout waters unless classified 
otherwise. [See 15A NCAC 10C .0205(a)(1)]. 

(c) Ponds. In all game lands ponds, it is unlawful to take 
channel, white or blue catfish ( forked tail catfish) by means 
other than hook and line and the daily creel limit for forked 
tail catfish is six fish in aggregate. 

Authority G.S. 113-134; 113-264; 113-272; 113-292; 
113-305. 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Wildlife Resources Commission 
intends to amend rides cited as 15A NCAC 10F .0102 - 
.0105, .0109, .0345, .0347. Notice of Rule-making 
Proceedings was published in the Register on September 15, 
1997. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on 
December 30, 1997 at the Archdale Building, Room 332, 512 
N. Salisbury Street, Raleigh, NC 27604. 



Reason for Proposed Action: 

15 A NCAC 10F .0102 - .0105, 



.0109 - The Wildlife 



1039 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



> 



> 



Resources Commission initiated the amendment to motorboat 

registration to comply with new vessel registration 

procedures . 

15 A NCAC 10F .0345 - The North Carolina Wildlife 

Resources Commission Staff initiated the no-wake zone 

pursuant to G.S. 75A-15. to protect public safety in the area 

by restricting vessel speed. 

15 A NCAC 10F .0347 - The Craven County Board of 

Commissioners initiated the no-wake zone pursuant to G.S. 

75A-15. to protect public safety in the area by restricting 

vessels. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from December 15, 1997 to February 11, 1998. 
Such written comments must be delivered or mailed to the NC 
Wildlife Resources Commission, 512 N. Salisbury Street, 
Raleigh, NC 27604-1188. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0100 - MOTORBOAT REGISTRATION 

.0102 APPLICATION FOR CERTIFICATE 
OF VESSEL NUMBER 

(a) General: Every owner of a vessel required to be 
numbered pursuant to G.S. 75A-4 and 75A-7 shall apply to 
the Vessel Registration and Title Section of the North 
Carolina Wildlife Resources Commission or to one of its 
authorized agents for a certificate of vessel number using an 
approved application form, application. 

(b) Individual Owners of Vessels. The application shall 
contain the following information: 

(1) name of owner(s); 

(2) address of owner, including zip code; 

(3) state of principal use of vessel; 

(4) present or previous vessel registration number (if 
any); 

(5) desired period of registration (one or three years); 

(6) use of vessel (pleasure, livery, demonstration, 
commercial passenger, commercial fishing, othe r ); 
other commercial); 

(7) make of vessel (if known); 

(8) year of manufacture or model year (if known); 

(9) manufacturer's hull identification number (if any); 

(10) overall length of vessel; 

(11) type of vessel (open, cabin, houseboat, personal 
watercraft, pontoon, other); 

(12) hull material (wood, metal fiberglass, inflatable, 
plastic, other); 



(13) type of propulsion (inboard; outboard; 
inboard-outdrive; jet drive; sail); sail: auxiliary 
sail/inboard: auxiliary sail/outboard): 

(14) type of fuel (gasoline, diesel, electric, elect r icity 
other); 

(15) proof of ownership document; 

(16) signature of owner(s). 

(c) Livery Vessel Owners. A "livery" vessel is one that is 
rented or leased to an individual for a specific time period by 
the owner. The registration and numbering requirements of 
G.S. 75A-4 and 75A-7 shall apply to livery vessels. In any 
case where the motor is not rented with the vessel, the 
description of the motor and type of fuel may be omitted from 
the application. The standard application form for vessel 
registration shall be used for livery vessels with the term 
"livery" marked in the section designated for "use of vessel." 

(d) Dealers and Manufacturers of Vessels. A 
"manufacturer" as the term is used in this Rule is defined as a 
person, firm, or corporation engaged in the business of 
manufacturing vessels either upon prior commission or for 
the purpose of selling them after manufacture. A "dealer" as 
the term is used in this Rule is defined as a person, firm, or 
corporation engaged in the business of offering vessels for 
sale at retail or wholesale from an established location(s). 
The registration and numbering requirements of G.S. 75A-4 
and 75A-7 shall apply to vessels belonging to dealers and 
manufacturers. The standard application for a certificate of 
vessel number shall be used for dealer and manufacturer 
certificates with the term "demonstration" marked in the 
section designated for "use of vessel." Upon receipt of a 
properly completed application and fee for dealer or 
manufacturer vessel registration, the Wildlife Resources 
Commission shall issue to the applicant a dealer's or 
manufacturer's certificate of vessel number, as appropriate, 
which may be used in connection with the operation of any 
vessel in the possession of the dealer or manufacturer when 
the vessel is being demonstrated. Additional dealer's or 
manufacturer's certificates of vessel number may be obtained 
by making application in the same manner as prescribed for 
the initial certificate with payment of an additional fee for 
each additional certificate. Dealers and manufacturers have 
the option of registering individual vessels in accordance with 
Rule .0104(a) of this Section. 

Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 33 C.F.R. 
174.17. 

.0103 TRANSFER OF OWNERSHIP 

(a) Transfer of titled vessels. 
(1) When the ownership of a titled vessel is 
transferred, the current owner(s) as recorded on the 
face of the Certificate of Title for Watercraft shall 
complete the Assignment of Title section on the 
reverse side of the certificate of title according to 
the given instructions and transmit the title to the 
new owner(s). If the certificate of title contains 
any encumbrances, security interests, or liens on its 



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1040 



PROPOSED RULES 



face, the Release of First Lien section on the face 
r e ve r se side of the certificate of title must be 
completed by the lienholder(s) according to given 
instructions before the title is transmitted to the 
new owner(s). If more than one lien is outstanding 
on the title, all liens must be satisfied as evidenced 
by attaching additional Release of Lien statements 
completed in the same fashion as the Release of 
First Lien section before the certificate of title is 
transmitted to the new owner(s). 

(2) The new owner(s) must complete and submit an 
Application for Title and Registration (Form WT- 
■H along with the properly assigned certificate of 
title and applicable registration and title fees to the 
Vessel Registration and Title Section of the 
Wildlife Resources Commission for processing. 
The new owner(s) shall indicate on the application 
whether or not the vessel will be titled under the 
new ownership; and, if so, whether or not any liens 
exist on the vessel. If the new owner(s) elects to 
transfer the title, then a new Certificate of Title for 
Watercraft shall be issued, including recordation of 
any new liens that are listed on the application, 
(b) Transfer of non-titled vessels. 

(1) Direct transfer from one individual owner to 
another. 

(A) If the ownership of a once-registered vessel 
is transferred, the previous owner shall 
complete the statement of transfer provided 
with the certificate of vessel number, date it 
as of the day of the transaction, sign it, and 
deliver it to the new owner. 

(B) The new owner shall complete the transfer of 
vessel ownership by preparing and 
submitting an official application form for 
this purpose within 10 days from the date of 
transfer. The original vessel registration 
number must be retained when a vessel most 
recently registered in North Carolina is 
registered to a new owner. A new vessel 
registration number shall be issued to vessels 
most recently registered in another State or 
never before registered. 

(C) For 60 days following the transfer of 
ownership of a once-registered vessel, the 
new owner may use the certificate of vessel 
number of the prior owner as a temporary 
certificate of number pending receipt of his 
own certificate provided the certificate is 
validated in accordance with Part (b)(1)(A) 
of this Rule. 

(D) An individual may also transfer ownership of 
a vessel by preparing a Bill of Sale naming 
the new owner, provided both parties to the 
sale sign the Bill of Sale before a notary 
public. If a Bill of Sale is the instrument of 
transfer, the new owner may use a copy of it 



as a temporary certificate of vessel number 
for a period of 60 days. The notarized Bill 
of Sale must accompany the application for 
transfer of ownership and the application I 
must be mailed within 10 days of the date of 
sale. 

(2) Transfer of a once-registered vessel through a 
dealer. 

(A) An owner selling or transferring a once- 
registered vessel to a dealer shall, on the day 
of the transaction, give the certificate of 
vessel number to the dealer after dating and 
signing the statement of transfer provided 
with the certificate. 

(B) When the vessel is subsequently sold, the 
dealer shall, on the day of the transaction, 
date and sign the statement of transfer which 
was received from the previous owner and 
give it to the new owner. If no certificate of 
vessel registration is available, a Bill of Sale 
may be used to document transfer of 
ownership to the purchaser, provided both 
parties to the sale sign the Bill of Sale before 
a notary public. 

(C) For a period of 60 days following the 
transfer of ownership of a once-registered 
vessel , the new owner may use the 
certificate of vessel number of the prior 
owner as a temporary certificate of vessel 
number, provided the certificate is validated 
in accordance with Part (b)(1)(A) of this 
Rule; or a copy of the notarized Bill of Sale 
may be used as a temporary certificate. 

(3) Transfer of a vessel individually-registered to a 
dealer or manufacturer. Vessels that have been 
individually numbered by dealers or manufacturers 
shall upon transfer of ownership be governed by 
the provisions of Subparagraph (b)(1) of this Rule. 

Authority G.S. 75A-3; 75A-5; 75A-19; 33 C.F.R. 174.21. 

.0104 CERTIFICATE OF NUMBER 

(a) General. Upon receipt of a completed application, 
together with fee, the Wildlife Resources Commission shall 
issue to the applicant a certificate of vessel number which 
shall authorize the operation of the vessel. The certificate of 
vessel number shall be carried while operating the vessel and 
shall be presented for inspection to any law enforcement 
officer upon request. The certificate of vessel number shall 
include the following information: 

(1) name of owner(s); 

(2) address of owner, including zip code; 

(3) state of principal use of vessel; 

(4) number awarded to vessel; 

(5) expiration date of certificate; I 

(6) use of vessel (pleasure, livery, demonstration, 
commercial passenger, commercial fishing, othe r ): 



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PROPOSED RULES 



other commercial): 

(7) make of vessel (if known); 

(8) year of manufacture or model year (if known); 

(9) manufacturer's hull identification number (if any); 

(10) overall length of vessel; 

(11) type of vessel (open, cabin, house, houseboat, 
personal watercraft. pontoon. other): 

(12) hull material (wood, metal, steel, — aluminum, 
fiberglass, plastic, inflatable, other); 

(13) type of propulsion (inboard, outboard, 
inboard-outdrive, sail) ; sail, auxiliary sail/inboard, 
auxiliary sail/outboard, jet drive): 

(14) type of fuel (gasoline, diesel, electric, other); 

(15) notice to owner that he shall report within 15 days 
changes of address or ownership, and destruction or 
abandonment of vessel; 

(16) notice to the owner that the operator shall: 

(A) always carry this certificate on vessel when 
in use; 

(B) report every accident involving injury or 
death to persons, or property damage over 
one hundred dollars ($100.00); 

(C) stop and render assistance if involved in 
boating accident. 

(b) Livery Vessel Owners. The certificate of number 
awarded to a livery vessel shall be plainly marked "livery 
vessel" and in any case where the motor is not rented with the 
vessel, the description of the motor and type of fuel shall be 
omitted from the certificate. 

(c) Dealers and Manufacturers. The certificate of vessel 
number awarded to dealers and manufacturers shall be plainly 
marked "dealer" or "manufacturer" in lieu of the description 
of the boat, motor and type of fuel. Any dealer or any 
permittee of a dealer demonstrating or testing a vessel may 
utilize a set of dealer's numbers and the corresponding 
dealer's certificate of vessel number to operate any vessel 
held for sale, but only for demonstration or testing purposes. 
Vessels owned or possessed by dealers for personal use or for 
any use whatsoever other than for demonstration and testing 
purposes must be individually registered in the name of the 
dealer in accordance with Paragraph (a) of this Rule. 

(d) Vessel Registration Agents. In order to make 
certificates of vessel number readily available throughout the 
State, vessel dealers, manufacturers, and other related 
businesses which operate from established locations within 
North Carolina may be appointed as agents of the Wildlife 
Resources Commission and authorized to issue and renew 
certificates of vessel number and handle related transactions. 

Rules governing the appointment and operations of vessel 
registration agents are contained in 15A NCAC 10G .0400 - 
WILDLIFE SERVICE AGENTS. To be a pp ointed as a 
Vessel Regist r ation Agent, a business shall ente r into a 
w r itten ag r eement with the Wildlife Resou r ces Commission 



to conduct the Vessel (Pa r t 1) and a 



th r ough which — the — agent — ag r ees 

Registration Agency as a p ublic service and to comply with 

gove r ning statutes and r ul e s. U p on r atification of the 

ag r eement by the Executive Di r ecto r , the agent is autho r iz e d 



to pu r chase blocks of at l e ast fiv e ce r tificates of numbe r for 
three-yea r vessel r egist r ations only, to be issued to owne r s of 
new vessels and to owners of vessels not pr e viously r egist e r e d 
in No r th Carolina. 

Authority G.S. 75A-3; 75A-5; 75A-7; 75A-19; 33 C.F.R. 
174.19. 

.0105 NUMBERING PATTERN 

(a) The vessel number assigned shall consist of the symbol 
"NC" identifying the state, followed by not more than four 
arabic numerals and two capital letters, in sequence, separated 
by a hyphen or equivalent space, in accordance with the 
serials, numerically and alphabetically. As examples: 
NC-l-AorNC-1234-AA. 

(b) Since the letters "I," "O," and "Q" may be mistaken 
for arabic numerals, they shall not be used in the letter 
sequences. Letters, or letters and numbers, forming words or 
combinations shall not be used. 

(c) The single letter "P" shall be reserved for use 
following the numerals of vessels numbered by governmental 
entities. 

(d) The single letter "X" shall be reserved for use 
following the numerals of vessels numbered by vessel dealers 
and manufacturers. 

Authority G.S. 75A-3; 75A-5; 75A-7: 33 C.F.R. 174.23. 

.0109 TEMPORARY CERTIFICATE OF VESSEL 
NUMBER 

(a) U p on acquisition of a v e ssel not p reviously numbe r ed 
o r a vessel fo r which no ce r tificate of vessel numbe r is 
availabl e , Whenever the final transaction to issue, renew, or 
transfer a permanent certificate of vessel number or to issue a 
duplicate vessel registration cannot be completed for some 
reason and the required fee and vessel and owner information 
for the transaction are provided, the new owner may be 
issued transmit with his ap p lication fo r the r egular certificate 
of vessel number a r equest fo r a temporary certificate of 
vessel number. The r equest must state the date the vessel was 
acqui r ed by the a p plicant. For a period not exceeding 60 
days following the date of the transaction, acquisition, the 
vessel may be operated on the temporary certificate of vessel 
number pending receipt of the regular certificate. 

rb-) — In o r de r to make t e mporary c er tificates of vessel 
number readily available locally th r oughout the State, Vessel 
Regist r ation Agents a pp oint e d pursuant to Rule .0104(d) of 
thrs — Section — may — rsstie — t e mporary — certificates of vessel 
numbe r . — Vessel R e gist r ation Ag e nts shall be fu r nished a 
su pp ly — of tem p o r a r y — ce r tificat e s of v e ss e l numbe r and 
application forms fo r use in a pp lying fo r regular certificates 
of vessel number. — Tempora r y c e rtificat e s of v e ss e l numb er 
shall be pr e p a r ed in du p licate so as to p rovide an o r iginal 

9$ The o ri g in al shall he g i ve n to 



co p y (Part 2). — The o r iginal shall be given 
the qualified vessel owne r fo r his use in o p e r ating the vessel 
and the co p y shall be retained by th e V e ss e l R e gist r ation 
Ag e nt. 



72:72 



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December 15, 1997 



1042 



PROPOSED RULES 



ttl Vessel — Regist r ation — Agents — shah — follow — the 

requi r emen t s and r est r ictions set fo r th he r ein: 

(4-) Vessel Regist r ation Agents may charge a r easonable 

fee to vessel owners fo r issuance of tem p o r a r y 
certificates of v e ssel numb e r commensu r ate with 
the di r ect cost and time involved in issuing the 
c e rtificate, p rovided that notice of th e charg e fo r 
issuing — a — temporary — ce r tificate — rs — pr ominently 
p osted on the p r emises and the custome r is advised 
of the fee before the transaction is made. 

{£) No substitute fo r the pr inted form of the tem p o r ary 

c e rtificate — of — vessel — numbe r — su pp li e d — by — the 



vessel numbe r previously issued and all unus e d 
forms fo r t e m p o r a r y ce r tificates of vessel number 
then r emaining in p oss e ssion of the terminat e d 
agency shall be deliv e r e d to the Wildlife Ris u mies 
Commission. 
ftf) — A vessel regist r ation agency which issues tem p orary 
ce r tificat e s of v e ssel numbe r , b e ing a mutual and voluutaiy 



t 



ithout 



undertaking, may be t e rminated at any time, with or wit 
caus e , by cithe r p arty the re to by giving w r itten notice u f 
termination to th e othe r p a r ty. 



(e) If the agent who issues a temper; 



ce r tificate of vessel 



imporary c e 
numb er do e s not — submit — the — a p plication — fo r a regular 
Wildlife Resources Commission shall be used by an ce r tificat e of vessel numbe r on behalf of the new owner, the 
agent — and — no — agent — shah — rsstie — any — w r iting new owne r must submit the application and fee to the 

Wildlife Resou r ces Commission within 10 days of the date u f 
issuanc e of th e t e m p o r a r y ce r tificate. 

(b) fftln order to be valid, the temporary certificate of 
vessel number must contain the following: 

( 1 ) full name and address of issuing agent; 

(2) full name and address of owner(s), including zip 
code; 

(3) previous vessel registration number, if any (if 
none, so state); 

(4) state of principal use of vessel; 

(5) make of vessel; 

(6) vessel length in feet; 

(7) hull material; 

(8) type of propulsion; 

(9) date of purchase of vessel; 

(10) date of application for regular certificate of vessel 
number; 

(11) expiration date of temporary certificate; 

(12) signature(s) of owner(s) and agent. 
(g) Tem p o r ary certifica t es of vessel numb e r shall be issu e d 

by vessel — r egist r ation agents when ce r tificates of v e ss e l 
numbe r a r c pr esented fo r r enewal at the vessel registration 
ag e ncy. 

Authority G.S. 75A-3; 75A-5; 33 C.F.R. 174.21. 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0345 CHATHAM AND WAKE COUNTIES 

(a) Regulated Areas. This Rule applies to the following 
waters of the Shearon Harris Nuclear Power Plant Reservoir, 
otherwise known as Harris Reservoir, which is located in the 
counties of Chatham and Wake: 

(1) All waters within 50 yards of any marked boat 
launching ramp, pier, dock, mooring area, boat 
storage structure, bridge, or service area. 

(2) The cove located in Chatham County encompassing 
approximately ten acres wherein a Wildlife 
Resources Commission access area is located as 
indicated by markers placed and maintained by the 
Wildlife Resources Commission. 

(3) The waters surrounding and within 150 yards of the 



p urpo r ting to autho r ize the use of an un r egiste r ed 
vessel. 

i$) Wh e n the vessel has been acqui r ed f r om a sou r ce 

other than the agent, a tem p o r a r y ce r tificate of 
v e ssel numbe r shall not be issued unless and until 
the owne r produces a nota ri z e d bill of sale, a 
c e rtificate — of — vessel — numbe r — validat e d — by — the 
previous owne r , o r oth er m e morandum of t r ansfe r 
which identifies the vessel and which has been 
dated, signed and acknowledg e d by th e t r ansfe r o r 
b e fo r e a notary p ublic o r othe r office r autho r ized to 
take acknowledgments. 

(4) AH — requi r ed — information — on — the — tem p orary 

c er tificate of vessel — numbe r — shah — be — pr o p e r ly 
entered in the s p aces pr ovided, including th e dat e 
of ex p i r a t ion of th e ce r tificate, which shall be th e 
60th day following the date of acquisition of the 
v e ssel by the owne r . 

(5) Afte r the owne r signs th e t e m p o r ary certificate, th e 

agent shall delive r to the owne r Part 1 of the 
c er tificate and an application form with which the 
owne r may a p ply for a re gula r c er tificat e of v e ss e l 
numb er . 

ifi) The agent shall kee p Pa r t 2 of the tem p o r ary 

ce r tificate as a p a r t of the official r eco r ds of th e 
agency fo r a per iod of at l e ast 90 days. If a bill of 
sale o r othe r m e mo r andum of t r ansf er has been 



the re of shall 



r equi r ed to ve r ity owne r shi p , a co p y 

be attached to the agent's co p y of the tem p orary 

ce r tificate of vessel numbe r . 

(?) No agent shall knowingly issue more than on e 

t e m p o r ary ce r tificate of vessel numbe r to the same 
p e r son fo r th e sam e vessel du r ing any twelve month 
per iod. 

t$1 An agent may make a pp lication fo r a ce r tificate of 

vessel number or for a t r ansfe r of r egist r ation on 
behalf of a new owner to whom a tem p o r ary 
ce r tificate has been issued, p rovid e d th e a pp lication 
and f ee a r c submitted to the Wildlife Resou r ces 
Commission within 10 days of the dat e of issuanc e 
of the tem p o r a r y c e rtificat e . 

(9) U p on t e rmination of a v e ss e l re gist r ation agency, 

all co p ies (Par t 2) of tem p o r a r y certificat e s of 



♦ 



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NORTH CAROLINA REGISTER 



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12:12 



PROPOSED RULES 



► 



» 



shore of the peninsula wherein a Wildlife Resources 
Commission access area know as Holleman Boating 
Access Area is located and as indicated by markers 
placed and maintained by the Wildlife Resources 
Commission. 

(b) Restricted Zones. Except for authorized personnel of 
the power company, no person shall operate a motorboat or 
vessel in any restricted zone which is marked to prevent entry 
by boats. 

(c) Mast Height. No person shall place or operate on the 
regulated area described in Paragraph (a) of this Rule any 
sailboat or other vessel having a mast or any superstructure 
extending vertically above water level a distance of 35 feet or 
more. 

(d) Speed Limit. No person shall operate a vessel at 
greater than no-wake speed within any of the regulated areas 
described in Paragraph (a) of this Rule. 

(e) Swimming Areas. No person shall operate any vessel 
or water skis within a marked public swimming area. 

(f) Placement and Maintenance of Markers. The Board of 
Commissioners of Chatham County and the Board of 
Commissioners of Wake County are designated suitable 
agencies for placement and maintenance of markers 
implementing this Rule within their respective counties. 
Provided the said boards exercise their supervisory 
responsibilities, they may delegate the actual placement and 
maintenance to some other responsible agency, corporation, 
group or individual. With regard to marking the regulated 
areas described in Paragraph (a) of this Rule, the 
supplementary standards set forth in Rule .0301(g) of this 
Section shall apply. 



shall operate a vessel within the Green Springs Boys Club 
Swimming Area along the Neuse River as designated by 
marker buoys and float lines. 

(d) replacement and Maintenance of Markers. The Board 
of Commissioners of Craven County is hereby designated a 
suitable agency for placement and maintenance of the markers 
implementing this Rule, subject to the approval of the United 
States Coast Guard and the United States Army Corps of 
Engineers. 

Authority G.S. 75A-3; 75A-15. 

Notice is hereby given in accordance with G.S. 150B-21 .2 
that the North Carolina Wildlife Resources Commission 
intends to amend rules cited as 15A NCAC 10G .0402 - 
. 0404. Notice of Rule-making Proceedings was published in 
the Register on September 15, 1997. 

Proposed Effective Date: My I, 1998 

A Public Hearing will be conducted at 10:00 a.m. on 
December 30. 1997 at the Archdale Building, Room 332, 512 
N. Salisbury Street. Raleigh, NC. 

Reason for Proposed Action: The Wildlife Resources 
Commission initiated the amendment wildlife service agent 
appointment, agreement and customer support system to 
comply with new wildlife service agent procedures and 
requirements. 



> 



Authority G.S. 75A-3; 75A-15. 

.0347 CRAVEN COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters in Craven County: 

(1) that portion of Northwest Creek between the 
entrance buoys at Fairfield Harbour Marina and the 
mouth of Spring Creek, and to all of Spring Creek, 
including the bulkheaded area of Fairfield Harbour, 
in Craven County; 

(2) that area of water between the entrance buoys of the 
Olde Towne Lake, from the Trent River and 
including all of Olde Towne Lake and the bulkhead 
area of Olde Towne Harbour itself; 

(3) Matthews Point Marina. That triangular portion 
within 300 feet on either side and 150 feet straight 
off of the main pier at Matthews Point Marina 
located on Clubfoot and Mitchell Creeks, at the end 
of SR 1711 in the Harlowe area of Craven County; 

(4) that area of water within 50 yards of the fuel dock 
at Eastern Carolina Yacht Club. 

(b) Speed Limit. No person shall operate any vessel at 
greater than no-wake speed within the regulated areas 
described in Paragraph (a) of this Rule. 

(c) Green Springs Boys Club Swimming Area ; No person 



Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from December 15, 1997 to February 14, 1998. 
Such written comments must be delivered or mailed to the NC 
Wildlife Resources Commission, 512 N. Salisbury Street, 
Raleigh, NC 27604-1 188. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government finds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

SUBCHAPTER 10G - DISTRIBUTION AND SALE 

OF HUNTING: FISHING: AND TRAPPING 

LICENSE 

SECTION .0400 - WILDLIFE SERVICE 
AGENTS 

.0402 APPOINTMENT OF WILDLIFE SERVICE 
AGENTS 

Any business operating from a fixed location in North 
Carolina may apply in writing to the Executive Director of 
the Wildlife Resources Commission on a form provided for 



12:12 



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1044 



PROPOSED RULES 



appointment as a Wildlife Service Agent. The applicant shall 
completely and accurately furnish all information requested in 
the application. An applicant may be appointed as a Wildlife 
Service Agent, if the information provided on the application 
and by any further investigation that may be made, provides 
evidence, convincing to the Executive Director, that the 
applicant shall comply with all rules and meets all standards 
and qualifications applicable to Wildlife Service Agents. In 
order to ensure security of State funds to be collected by 
Wildlife Service Agents and to determine the qualification of 
the applicant in the field of business, the Executive Director 
may require that applicants have a minimum of one year's 
experience in operating the business for which the application 
is made or some other comparable business experience. 
Applicants may also be required to submit financial 
statements of the business so that the solvency of the business 
can be judged. Every initial appointment as a Wildlife 
Service Agent is probationary for the first year and new 
agents are subject to close monitoring of their performance. 

Authority G.S. 113-134; 113-270.1. 

.0403 WILDLIFE SERVICE AGENT 
AGREEMENT 

In consideration of appointment as a Wildlife Service Agent 
and the fees received therefrom, each Wildlife Service Agent 
shall annually execute an Agreement with the Commission 
acknowledging that the agency shall be operated in 
compliance with all laws, rules, and administrative directives 
related to the sale of licenses and the registration of vessels. 
Furthermore, the agency shall be operated as a public 
convenience; and, to that end, the agent agrees to serve the 
public in an efficient and helpful manner with all reasonable 
requests for assistance whenever open for business. It shall 
be the duty of the agent to be informed and knowledgeable of 
the laws and rules governing requirements for licenses and 
vessel transactions and to stay abreast of changes in these 
requirements so that the agent can provide accurate and 
reliable information and instruction to persons who seek 
assistance in these matters. Unless otherwise specifically 
provided in the Agreement, the appointment as a Wildlife 
Service Agent and the Agreement under which the 
appointment is made is singularly valid for the person named 
thereon who is authorized to act on behalf of the business and 
applies only to the business and location named. If the 
manager, location, or ownership of the business changes, 
then the Agreement becomes null and void and, if the agency 
is to remain operational, the Agreement it shall be amended 
to reflect the changes. Notice of any change in management, 
location, or ownership shall be sent to the Commission at 
least 10 days prior to the change to allow time to issue a new 
or amended Agreement, provided the new conditions of the 
agency conform to all requirements for appointment. In the 
event of fire, theft, or natural disaster that damages or 
destroys any equipment, records, or supplies related to the 
operations of a Wildlife Service Agent, the agent shall notify 
the Commission by telephone within 48 hours of the 



occurrence and shall submit a written report within 10 days. 
Authority G.S. 113-134; 113-270.1. 

.0404 CUSTOMER SUPPORT SYSTEM 

(a) Equipment. Each Wildlife Service Agent shall be 
equipped with a transaction terminal, which is a network 
computer linked to the Commission's central data base by 
telephone lines. Using the transaction terminal, the agent can 
issue licenses, permits, tags, vessel registrations and decals, 
magazine subscriptions, and other items. The record of sale 
and issuance of each item shall be automatically transmitted 
by the terminal to the Commission overnight via toll-fre e 
telephone connection. The Commission shall communicate 
information and instructions about individual agent accounts 
and messages of general interest to all agents via the 
transaction terminal. Agents shall also be provided two 
printers: one to print receipts and messages and the other to 
print licenses, permits, tags, decals, registrations, and other 
items. All necessary training, trouble-shooting, maintenance, 
equipment replacements, materials and supplies shall be 
furnished by the Commission. Commission subject to an 
operation and maintenance fee as set forth in Paragraph (c) of 
this Rule. Toll-free telephone service to link transaction 
terminals to the system's central data base shall be supplied 
by the Commission. Net proceeds from all transactions shall 
be transferred to the Commission every week via an 
electronic transfer of funds from the bank account designated 
by an agent in the Wildlife Service Agent Agreement to the 
Commission's account m the State Treasury. 

(b) Cost to the Wildlife Service Agent. Wildlife Service 
Agents applying for appointment prior to July 1, 1997, shall 
not be charged any initial, subsequent, or periodic cost for 
the delivery, installation, training, operation, or maintenance 
of the Customer Support System. System other than the 
operation and maintenance fee as set forth in Paragraph (c) of 
this Rule. Agents applying after July 1, 1997, shall be 
assessed a weekly monthly fee fee, to be known as the 
Wildlife Service Agent fee, to cover the cost of acquisition, 
ins t allation, operation and maintenance of the equipment and 
the cost of supplies and materials to operate the Customer 
Support System. The Wildlife Service Agent fee shall be 
based upon an analysis of system cost to be shared equitably 
by Wildlife Service Agents based upon criteria established by 
the Commission. The fee may be changed from time to time 
if the cost of the system changes. The Commission may 
establish categories of fees for Wildlife Service Agents when 
it determines that the cost of support for a particular group of 
agents i§ less due to amortization of the initial cost of 
equipment over the time these agents have been paying the 
Wildlife Service Agent fee. The Commission may establish a 
short-term or seasonal rate for agents to rent additional 
terminals to meet their customer demand. The Commission 
may provide more than one terminal to an agent at no 
additional cost if the agent handles both vessel and license 
transactions and meets a minimum level of transaction activity 
established by the Commission. If the Commission 



♦ 



« 



1045 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



Notice is hereby given in accordance with G.S. 150B-21 .2 
that the North Carolina Department of Environment and 
Natural Resources - Parks and Recreation Authority intends 
to amend rules cited as 15A NCAC .12K .0101 - .0103, 
.0105 - .0110 and repeal rides .0104, .0111. Notice of Rule- 
making Proceedings was published in the Register on July 15, 
1997. 



determines that an Wildlife Service Agent is necessary to 
serve the public interest in a particular area due to remoteness 
from other agents, heavy demand for licenses or vessel 
registrations, or some other pertinent factor and no business 
in the area applies, it may waive the Wildlife Service Agent 
fee may be waived as an incentive to encourage an 
application. 

(c) Dond. Wildlife Se r vic e Agents shall b e cov ere d unde r 
an annual blanket secu r ity bond in the amount of two 

thousand five hundred dollars ($2,500) t o secu r e the State's Proposed Effective Date: August 1, 1998 
investmen t in equipment p r ovided to ag e n t s to o p e r ate the 
Customer Su pp o r t System in th e event of loss, damage, or 
destruction of the equipmen t due to n e gligence on the p a r t of 
an agen t . — Th e Commission may r eli e ve an agent f r om 
liability for loss or damage to e qui p ment if the loss is b e yond 
the control of the agent and no t due to negligence by the 
agent. — The Commission shall obtain th e blanke t secu r ity 
bond in the name of all active Wildlife Se r vice Agents in July 
of each year and divide the cost of th e bond equally among 
agents. 

(c) Operation and maintenance fee. Each Wildlife Service 
Agent shall be assessed an operation and maintenance fee to 
cover the cost of equipment depreciation, repair, and 
replacement. The amount of the operation and maintenance 
fee shall be based upon actual cost as determined through 
experience and may be changed from time to time to keep the 
assessment approximately equal to the cost. The fee shall be 
collected as a part of aU weekly electronic fund transfers from 
agents' accounts and all agents shall pay an equal amount per 
terminal. 

(d) Cancellation. A Wildlife Service Agent may resign at 
any time by sending written notice to the Commission. The 
Commission will immediately instruct resigning agents in the 
required procedures to follow to return all equipment and 
supplies and to settle their accounts. The Commission may 
cancel any Wildlife Service Agent appointment for failure to 
comply with these rules or with any administrative directives 
related to performance as a Wildlife Service Agent. 
Deficiencies that may result in cancellation include but are 
not limited to such things as failure to deposit sufficient funds 
to cover the electronic transfer of funds each week, failure to 
use the surge protector provided in conjunction with a 
properly grounded electrical outlet or telephone line, failure 
to operate as a public convenience, failure to provide the 
proper license and correct information about licenses to 
customers, failure to return all required documentation for 
transactions on schedule, and failure to properly safeguard or 
care for the equipment. Upon resignation or termination of 
appointment as a Wildlife Service Agent, the previous agent 
must return all consigned equipment and supplies to the 
Commission and settle the agent financial account, both with 
15 days of the date of receiving written notice from the 
Commission. 

Authority G.S. 113-134; 113-270.1. 

******************** 



A Public Hearing will be conducted at 1:00 - 3:00 p.m. on 
January 7, 1998 at the Ground Floor Hearing Room, 
Archdale Building, 512 N. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: Current Parks and Recreation 
Trust Fund (PARTF) rules must be amended to comply with 
General Statute changes. The 1995 General Assembly 
created the Parks and Recreation Authority to allocate money 
from PARTF. The Authority' has reviewed the existing PARTF 
ndes and is recommending amendments. 

Comment Procedures: The NC Division of Parks and 
Recreation will accept written comments during the 30-day 
comment period that are addressed to: John Poole, NC 
Division of Parks and Recreation, 12700 Bayleaf Church 
Road, Raleigh, NC 27614. Oral comments will be accepted 
at the public hearing. 

Fiscal Note: Rules 15A NCAC 12K .0101 - .0104 and .0106 
- .01 11 do not affect the expenditures or revenues of state or 
local government funds. Rule 15A NCAC 12K .0105 does 
affect the expenditures or revenues of state government funds, 
but not local funds. These Rules do not have a substantial 
economic impact of at least five million dollars ($5,000,000) 
in a 12-month period. 

CHAPTER 12 - PARKS AND RECREATION AREA 
RULES 

SUBCHAPTER 12K - PARKS AND RECREATION 

TRUST FUND GRANTS 

FOR LOCAL GOVERNMENT 

SECTION .0100 - GENERAL PROVISIONS 

.0101 PURPOSE 

The Parks and Recreation Trust Fund (PARTF), pursuant 
to G.S. 113-44. 15(b)(2), is authorized to establish a matching 
grants program for qualified local governmental units for 
local park and recreation purposes. Annually, 26 30 percent 
of funds a ppr o pr iat e d to th e D ep artm e nt of Envi r onm e nt, 
Health, and Natu r al Resou r c e s (De p artment) from PARTF 
will be allocated to local governmental units on a 
dollar-for-dollar basis. Grants writ shall be awarded using a 
pr oj e ct p r io r ity scoring system, by the Parks and Recreation 
Authority (Authority). The purpose of this Section is to set 



12:12 



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December 15, 1997 



1046 



PROPOSED RULES 



forth procedu r es rules to govern the program. 
Authority G.S. 113-44.15. 

.0102 ELIGIBLE APPLICANTS 

All county governments and incorporated municipalities of 
the State of North Carolina are eligible to submit 
applications. 

(1) Multiple cities municipalities and counties may 
apply jointly for a project. 

(2) School administrative units may submit a joint 
application with an incorporated city municipality 
or county for funding of facilities, locat e d on 
p ro p erty owned by the school administ r ative unit. 
This — a pp lication — wrH — re sult — m — the — school 
administrative unit and county o r city being jointly 
r e s p onsible fo r compliance with all rul e s pertaining 
to o p e r ation and maintenance of PARTF assisted 
facilities develo pe d on the land. 

(3i Uninco rp orated a r eas o r communities mus t seek 
county sponsorship of thei r pr oject to be eligible. 

(4) All applications submitted to the Department must 
b e ap pr oved by the local gove r ning body th r ough a 
r esolution or o r dinance and funding requested by 
the mayor, city manage r , chai rp e r son of county 
commissione r s o r county manage r . 

(5) A g r antee with an active PARTT p roject by the 
closing — date — of — art — announced — a pp lication 
submission p e r iod shall be ineligible fo r funds fo r 
the fiscal year cove r ed by th e submission p e r iod. 

Authority G.S. 113-44.15. 

.0103 FUNDING CYCLE 

Annual funding cycle schedule dates shall be the following: 

(1) An announcement letter describing the funding 
schedule and how to apply shall be mailed to all 
eligible applicants by September 30 . This 
information shall be made available to other 
interested parties who contact the Department of 
Environment and Natural Resources (Department) 
at: N.C. Division of Parks and Recreation. P.O. 
Box 27687. Raleigh. North Carolina 2761 1-7687. 

Hi Requests — for pr o p osals shall be — mailed to all 
eligible a pp licants du r ing Se p tembe r . 

fH Notification of Intent to a pp ly forms shall be 
submitt e d — to — th e re gional — p a r k and — r ec r eation 
consultant se r ving the a pp licant by December 15th. 

(2) Local governments may request a maximum of two 
hundred fifty thousand dollars ($250.000) in 
PARTF assistance with each application. 

(3) AH — formal — a pp lications Applications shall be 
received by submitted to the re gional p a r k and 
re c r eation — consultant — se r ving — the — applicant — by 
March 1st. Department or its designee by 5:00 pm 
on January 31. If the deadline falls on a weekend 
or holiday, applications are due by 5:00 pm on the 



following business day. 

(4) The PARTI 7 Review Committee Authority shall 
meet du r ing the first week of April within 120 days 
of the application deadline and shall r ecommend a 
list of pr ojects to the D ep a r tment fo r funding, to 
select projects for funding. The Authority will 
meet within 30 days after the end of the fiscal year 
to select projects for funding using revenues 
credited to PARTF during the fourth quarter. 

(5) The Gove r no r shall announce ap pr oved pr ojects by 
A pr il 20th. 

Authority G.S. 113-44.15. 

.0104 APPLICATION SCHEDULE 

far) — A r equest fo r pr o p osals, which announce the funding 
cycle and how to ap p ly, shall be dist r ibuted statewide to all 
mayo r s, chai rp e r sons of county commissione r s, councils of 
gove r nments and local p ark and r ecreation directors. 

(hi — Notification of Intent (NOI) forms and a p plications 
shah — be submitt e d to th e — r egional — p a r k and recreation 
consultant se r ving the a pp licant. 

re) — NOIs and a p plications shall be submitted according to 
the dat e s s pe cifi e d in the funding cycle. 

fdi — State Clea r inghouse envi r onmental review comments 
made as a r e sult of fouvial application review must b e 
add r essed pr io r to execution of the p r oject agreement. 

Authority G.S. 113-44.15. 

.0105 EVALUATION OF APPLICATIONS 

(a) All ap p lications shall be evaluated and ranked based on 
c r ite r ia p atte r ned aft er the O p en P r oject Selection Process 
established fo r the Land and Water Conse r vation Tund. Each 
completed eligible a pp licant application shall be evaluated by 
the Department or its designee on the information provided in 
the application and in accordance with the PARTF criteria 
project priority scoring system described in Paragraph rjf) {d} 
of this Rule. 

(hi — The regional p a r k and r ec r eation consultants shall 
r eview and evaluate local government ap p lications at th e 
r egional — revel — before — fo r ward i ng — a pp lications — to — the 
De p artment's PARTF Office. 

(b) The Authority shall review the project evaluations and 
other relevant data prepared by the applicant and by 
Department staff. The Authority shall approve projects for 
funding. 

ft-) — PARTF pr og r am staff shall r eview, evaluate and r ank 
all pr oject applications based on the De p artment's approved 
PARTF pr oject pr io r ity sco r ing syst e m. 

(c) All general criteria in Paragraph (d) of this Rule shall 
be addressed by the applicant. The Department or its 
designee will review all applications for completeness. 
Incomplete applications will be returned to the applicant. 

t&f The PARTF pr ogram staff shall r ecommend a list of 
pr ojects fo r funding to the PARTF Review Committee . The 
PARTF R e vi e w Committee's membe r shi p will be a pp oint e d 



I 



1047 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



by the Directo r of the North Carolina Division of Pa r ks and 
Recreation and shall include re p resentation from a b r oad 
range of recreation interests, including r e pr esentation by 
minority and disabled inte r ests. 

£d) The following general criteria will be used to evaluate 
projects. 

New public recreation facilities provided by the 

project; 

The degree of local recreational planning for the 

project and how the specific elements in the project 

conform to the plan(s); 

The acquisition or the conservation of unique 

natural, cultural, recreational, or scenic resources: 

The level of public involvement in developing and 

supporting the project: 

The applicant's commitment to operating and 

maintaining the project; 

The suitability of the sue for the proposed project 

development: 

The level of compliance with prior grant 

agreements: and 

Other factors, such as the geographic distribution 

of projects, the presence or absence of other 

funding sources, and the population of the 

applicant, may also be considered by the Authority 



LU 
Ol 

Ol 
(4} 
01 
(6) 
01 



to- 



in its funding decisions. 
During each funding cycle. 



th e PARTr Review 



Commit tee shall r eview the evaluations, r ecommendations 
and othe r r elevan t data prep a r ed by the applican t and t he 
PARTF prog r am staff. — The Commi tt ee shall re commend a 
list of projects t o th e D ep a r tment for funding. 

(f) The PARTF pr o je ct pr io r ity sco r ing sys t em shall be as 
follows: 

{$) R e c re a t ion — Ex p e r iences — P r ovided. — (56 — Poin t s 

Possible) 

The — pr oject — pr ovid e s — the — first — re c re ation 
o pp o r tunities — by — the — local — s p onso r — m — therr 
jurisdic t ion. (17 Points) 

The pr ojects pr ovides at leas t th r ee new r ec r ea t ion 
o p po r tuniti e s in th e pr o p os e d p ark. (13 Poin t s) o r 
pr ovides at least two new r ec r eation o pp o r tunities 
in th e p r o p os e d p ark. ( 10 Points) 
The pr oject r enovates an obsolete high use. pr ima r y 
r ec r eation facility. (10 Points) 
The pr oject pr ovides fo r g r eenways, t r ails o r oth er 
connecto r s between p ublic facilities. (5 Points) 

The pr oject pr ovides new access and facilities to a 
p ublic wate r r esou r ce. (3 Points) 
The pr oject r enovates o r pr ovid e s su pp o r t faciliti e s 
c r itical to r ec r eation ex p e r iences. (2 Points) 

t$) Deg r ee — of — R e c re ation — Planning/Degree — P r ojec t 

Conforms to Planning (15 Points Possibl e ) 

Th e a p plicant has completed a Maste r Plan fo r th e 

subject pr o p e r ty. (7 Points) 

The p ropos e d p roject is identified in the local 

s p onso r 's sho r t o r long r ange p lan or in thei r 3 to 

5 -yca r Ca p ital Im pr ovement Plan fo r p a r ks and 



r ec r eation. (3 Points) 

Th e p ro p osed pr oject is identified in the s p onsor's 

syst e mwide — com p r e h e nsiv e — park — ami — r ec r eation 

p lan. (3 Points) 

At least one of the above p lans have been adopted 

by t he local gove r ning body. (1 Point) 

Clements of the pr oject a r e identified as a critical 

need in the local Ame r ican with Disabilities Act 

T r ansition Plan. (1 Point) 

(3) Critical Acquisition and Conse r vation of Unique 

Natu r al Resou r ces (15 Points Possible) 

Th e site is a highly threatened ar e a. — If the sit e is 

not p u r chased at this time, a quality rec r eation sit e 

o r unique natu r al r esource will be lost. (15 Points) 

The — she — rs — art — excellent — natu r al — ot — r ecreation 

r esou r ce and shall be acqui re d fo r cu rr ent o r futu re 

develo p ment. (10 Poin t s) 

The site is an above ave r age natu r al or r ec r eation 

r esou r ce and shall be acqui r ed fo r current or future 

develo p men t . (7 Points) 

Th e site will mak e an average r ec r eation re sourc e . 

(3 Points) 

(4) Site Consid er a t ions (15 Points Possibl e ) 

The — she — is — ideally — suit e d — for — the — intended 

develo p ment — without — excessive — g r ading — or 

const r uction cos t s, o r causing negativ e impacts on 

the e nvi r onmen t . ( 9 Poin t s) 

Th e sit e is enhanced by location and adjacent 

property uses(s). (4 Points) 

Th e site is f r ee of r est r ictive casements, ove r h e ad 

p ower lines o r othe r int r usions. (2 Points) 

(5) Level of Public Involvemen t (10 Points Possible) 

O pt imum — pubrre — p a r tici p ation — and — su pp ort, 

including a pr c-adv er tised p ublic meeting was held 

fo r the discussion of the pr o p osed p r oject. (10 

Points} 

Adequate p ublic — involvement was demonstrated 

t h r ough pr esentations to o r ganizations o r a citiz e n 

su r vey. (7 Points) 

The — p roject received Advisory Committ ee and 

gove r nm e nt — offic i al s — (elect e d — and — agency) 

p a rt ici p ation and su pp o rt . (5 Points) 

Th e p roj e ct r eceived only government officials' 

p artici p ation and support. (2 Points) 

(6) Project Managemen t and P r ogramming (10 Points 

Possibl e ) 

The a pp licant has a full-time p r ofessional p ark and 

r ec r eation de p a r tm e nt, staffed to insu r e ad e quat e 

develo p ment, o p eration and maintenance of th e 

pr oject. (10 Points) 

The a pp licant has full-time staff, such as p ublic 

wo r ks, to insur e ad e quate develo p m e nt, o per ation 

and maintenance of the p roj e ct. (7 Points) 

Th e a pp licant has p a r t-time staff to insu r e adequate 

o p e r ation and maint e nanc e of the pr oject (5 Points) 



An o r ganized volunteer 



pr og r am o r g r oup wi 
re li e d on fo r o p e r ation and maint e nance of pr o j ect 



he 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1048 



PROPOSED RULES 



fh- 



(3 Points) 

Deg r ee Project Serves a Variety of Us e r Grou p s 

(10 Points Possible) 

The pro j ect will serve a va r iety of individuals, use r 

g r ou p s and age g r ou p s. (G Points) 

The p ro je ct m ee ts facility and p rogramming needs 

of the disabled. (2 Points) 

The pr o je ct m e ets facility and pr ogramming needs 

of the elderly. (1 Point) 

The p r oject meets facility and pr og r amming needs 

of low to mode r ate income levels. (1 Point) 

ifii Application Conside r ations (5 Points Possible) 

Application instructions we r e — followed and all 
r e qui r ements were com p leted and includ e d in the 
ap p lication. (5 Points) 

AuthorinG.S. 113-44.15. 



.0106 GRANT AGREEMENT 

(a) Upon De p a r tment Authority approval, a written 
agreement shall be executed between the grant r eci p ients 
recipient(s) and the Authority on behalf of the Department. 

(b) The agreement shall define the Department's and grant 
recipient's responsibilities and obligations, the project period, 
project scope and the amount of grant assistance. 

(c) The approved application and support documentation 
shall become a part of the grant agreement. 

(d) State Clearinghouse environmental review comments 
made as a result of application review shall be addressed b^ 
the applicant prior to execution of the project agreement. 
Projects judged to have a significant environmental impact 
shall submit an environmental assessment. 

t&i tej The grant agreement may be amended upon mutual 
consent and approval by the Department on behalf of the 
Authority and the grant recipient(s). The grant recipient(s) 
shall submit in writing to the Department a formal 
amendment request for approval. The Department srratt may 
approve the amendment based on local circumstances which 
justify the amendment request. 

fe) UQ Projects may not begin until the Authority on behalf 
of the Department and grant recipient(s) sign the agreement. 

ff) Lgj U p on Following execution of the grant agreement, a 
check in the amount of the approved pr oj e ct grant shall be 
presented to the grant recipient(s). 

tg) ihl Complete accounting records including a certified 
project data sheet and performance report verifying eligible 
costs shall be submitted by the grant recipient(s) to the 
Department for approval prior to or at the time of the close- 
out inspection. The Department shall approve the accounting 
r eco r ds when the records are consistent with the project 
agreement and budget. 

Authority G.S. 113-44.15. 

.0107 MATCHING REQUIREMENTS 

The local governmental unit must shall match PARTF 
funds on a dollar-for-dollar basis, with at least an equal 



amount of local funds in the form of cash, check, o r mon e y 
o r de r . — No fede r al assistance or othe r state funded assistance 
is e ligible as local match sou r ces. 

Authority G.S. 113-44.15. 

.0108 ELIGIBLE PROJECTS AND COSTS 

(a) PARTF grants are awarded to grantees for projects that 
are for the sole purpose of providing local park and 
recreation opportunities to the public. Applicants may 
request funds for the following types of projects: 

(1) Acquisition. Fee simple acquisition of real 
property for the following: p reservation of natural 
a r eas — and future recreational development. 
development and to protect areas with outstanding 
natural or scenic resources. Develo p ment of a 
PARTF acquir e d p roperty to allow general public 
access and use must occur within five years of the 
date of g r ant com p letion. 

(A) Applicants acquiring property for recreation 
development have up to five years to begin 
developing recreation facilities. 

(B) Applicants acquiring property to protect 
areas with outstanding natural or scenic 
resources must open these areas the general 
public to the extent that the resources will 
not be seriously impaired. 

(2) Development. Projects for the construction, 
expansion, and renovation/repair of the following: 

(a) (A) Primary facilities including outdoor and 
indoor recreation facilities. Examples 
include camping facilities, picnic facilities, 
sports and playfields, trails, swimming 
facilities, boating/fishing facilities, spectator 
facilities, gymnasiums, etc. 

tb) (B) Support facilities and improvements such as 
including roads, parking areas, handica ppe d 
accessibility, utilities, landscaping, support 
facilities, and other infrastructure projects , 
etcr that would have little or no recreational 
value without the primary recreation 
facilities. 

(b) Other criteria for determining eligible projects and 
costs include : 

( 1) Only development on or acquisition of a single 
project site is eligible for PARTF assistance. 

(2) Utility lines developed with PARTF assistance 
shall be placed underground. 

(3) Certain incidental project costs shall be eligible for 
PARTF assistance including appraisals, 
architectural and engineering fees, pre-agreement 
planning costs and contingency fees as follows: 
(A) Pre-agreement costs such as site planning. 

preliminary designs, preparation of cost 
estimates. construction drawings and 
specifications may not exceed 15 percent of 
the total development costs and must be 



1049 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



PROPOSED RULES 



£4} 



incurred within one year of the application 
submission date. 

(B) Incidental appraisal costs such as appraisals, 
title work, surveys and attorney fees may not 
exceed five percent of the appraised fair 
market vaiue of the property. 

(C) Architectural and engineering fees may not 
exceed ten percent of the total development 
cost of the proposed project. 

PARTF-assisted facilities on school property shall 
not be recreational facilities generally provided by 
the school for the use of their students. 



Authority G.S. 113-44.15. 

.0109 SITE CONTROL AND DEDICATION 

(a) Land acquired with PARTF assistance shall be 
dedicated in perpetuity as a re c r eation site for local park and 
recreation purposes for the use and benefit of the general 
public. The dedication rrttrst shall be recorded in the public 
property records by the grantee. 

(b) The site of a PARTF project for development orrry 
shall be controlled (e.g. fee simple ownership or long-term 
lease) by the grantee by the closing date of the application 
submission period. Any lease agreement must shall extend 
for a minimum of 25 years. 

(c) Grantees shall assure that PARTF assisted development 
facilities are maintained and managed for public recreation 
use for a minimum period of 25 years after the completion 
date set forth in the grant agreement. 

(d) P r ojects sponso r ed jointly by a school administ r a t ive 
uni t and inco rp o r ated city o r county will r equi r e all s p onso r s 
to comply with all PARTF rules pe r taining to o p e r ation and 
maintenance of PARTF assisted facilities and land. If 
PARTF-assisted facilities are built on public school property. 
the applicants) shall submit an agreement with the 
application describing that the facilities will be available to 
the general public during non-school hours. Projects on land 
owned by a school shall have sign(s) installed informing the 
public that the facilities are open to the general public. These 
signs shall also indicate the times when the facilities are 
reserved exclusively for school use. 

(e) Failure by the grantee(s) to comply with the provisions 
of this Section and the project agreement shall re sult result, in 
addition to any other legal remedies, in the Authority on 
behalf of the Department declaring the grantee(s) ineligible 
for further participation in the PARTF until such time as 
compliance has been obtained. 

Authority G.S. 113-44.15. 

.0110 INSPECTIONS 

(a) Regional p a r k and r ec r eation consultants o r PARTF 
staff The Department or its designee shall perform at least 
one progress inspection and a close-out inspection of the 
project site to ensure compliance with the grant agreement 
and eligibility of the grantee(s) for future program 



participation. 

(b) Grantees will be responsible for conducting periodic 
inspections (at least one every five years) to ensure 
compliance with the grant agreement and 15A NCAC 12K 
.0109 and submitting an inspection form with an affidavit 
verifying its content to the PARTF program office. 

(c) Regional — park — and — re c re ation — consultants The 
Department or its designee will conduct random inspections 
to verify program compliance. 

Authority G.S. 113-44.15. 

.0111 PROGRAM ACKNOWLEDGMENT 

G r antee) s) shall publicly acknowledge PARTr assis t ance a t 
th e site th r ough one o r mo r e of the following methods : 

tr) Erect and maintain a PARTF sign in a cons p icuous 

place. 

f£) A r ibbon cutting or o p ening ce r emony with local 

officials and the g r antcc(s)' — state — legislato r s — invit e d to 
par t ici p ate. 

(3) Acknowledgment — rrt — a — p ublication(s) — of — the 

grantee(s). 

P r ojec t s on land owned by a school mus t have sign(s) 
ins t alled informing the p ublic that the facilities are o p en to 
th e g e ne r al p ublic. — These signs shall also indicate the times 
wh e n th e facili t i e s ar e res e rved exclusively fo r school us e . 

Authority G.S. 113-44.15. 



TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the State Board of Education intends to adopt rules 
cited as 16 NCAC 6C .0601 - .0602. Notice of Rule-making 
Proceedings was not required pursuant to Chapter 716, 
Section 28(a), 1995 Session Laws. 

Proposed Effective Date: April 1, 1998 

A Public Hearing will be conducted at 1:00 p.m. on January 
6, 1998 at the Education Building, 301 N. Wilmington St., 
Room 224, Raleigh, NC 27601-2825. 

Reason for Proposed Action: Rules establish the required 
standards of conduct for professional educators licensed by 
the State Board of Education, the violation of which results in 
disciplinary action. These rides are directly related to the 
implementation of the School-Based Management and 
Accountability Act, Chapter 716 of the 1995 (Reg. Sess., 
1996) Session Laws, and the State Board of Education is 
acting under the authority granted by that act. 

Comment Procedures: Any person who wishes to present 
oral testimony relevant to the rule may register at the door 
before the hearing begins and present the hearing officer with 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1050 



PROPOSED RULES 



a written copy of the testimony. Written comments 
concerning these Rules must be submitted by January 15, 
1 998, to: North Carolina State Board of Education, 301 N. 
Wilmington St., Raleigh, NC 27601-2825; Attn: Harry E. 
Wilson, Rule-making Coordinator. Written comments may 
also be submitted to the hearing officer by FAX at (919) 715- 
1307. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. Tfiese Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0600 - CODE OF PROFESSIONAL 
PRACTICE AND CONDUCT FOR 
NORTH CAROLLNA EDUCATORS 

.0601 PURPOSE AND APPLICABILITY 

The purpose of these Rules is to establish and uphold 
uniform standards of professional conduct for licensed 
professional educators throughout the State. These Rules shall 
be binding on every person licensed by the SBE. hereinafter 
referred to as "educator" or "professional educator." and the 
possible consequences of any willful breach shall include 
license suspension or revocation. The prohibition of certain 
conduct in these Rules shall not be interpreted as approval of 
conduct not specifically cited. 

Authority G.S. 115C-296(a). 

.0602 STANDARDS OF PROFESSIONAL 
CONDUCT 

(a) The standards listed in this Section shall be generally 
accepted for the education profession and shall be the basis 
for State Board review of performance of professional 
educators. These standards shall establish mandatory 
prohibitions and requirements for educators. Violation of 
these standards shall subject an educator to investigation and 
disciplinary action by the SBE or LEA. 

(b) Professional educators shall adhere to the following 
standards of professional conduct: 

( 1) Disregard or abandonment of generally recognized 
professional standards. The educator shall practice 
the professional standards of federal . state, and 
local governing bodies. Any act m deliberate 
disregard or abandonment of generally recognized 
professional standards, in the course of any of the 
following professional practices. shall be 
prohibited: 

(A) service as a positive role model for students, 
parents, and the community: 

(B) assessment. treatment. instruction. or 



supervision of students: 

(C) employment or evaluation of personnel: and 

(D) management of funds or property. 

(2) Dishonesty. The educator shall not engage in 
conduct involving dishonesty, fraud, deceit, or 
misrepresentation in the performance of 
professional duties. 

(3) Misrepresentation or falsification in the course of 
professional practice. The educator shall not 
deliberately falsify, misrepresent, or omit material 
information concerning any of the following: 

(A) statement of professional qualifications: 

(B) application or recommendation for 
professional employment, promotion, or 
licensure: 

(C) application or recommendation for college or 
university admission, scholarship, grant, 
academic award, or similar benefit: 

(D) representation of completion of college or 
staff development credit: 

(E) evaluation or grading of students or 
personnel: 

(F) submission of financial or program 
compliance reports submitted to state, 
federal . or other governmental agencies: 

(G) submission of information in the course of an 
official inquiry by the employing LEA or the 
SBE related to facts of unprofessional 
conduct, provided, however, that an educator 
shall be given adequate notice of the 
allegations and may be represented by legal 
counsel: and 

(H) submission of information in the course of an 
investigation by a law enforcement agency, 
child protective services, or any other agency 
with the right to investigate, regarding 
school related criminal activity: provided, 
however, that an educator shall be entitled to 
decline to give evidence to law enforcement 
if such evidence may tend to incriminate the 
educator as that term is defined by the Fifth 
Amendment to the U.S. Constitution. 

(4) Improper remunerative conduct. The educator shall 
not solicit current students or parents of students to 
purchase equipment, supplies, or services from the 
educator in a private remunerative capacity. An 
educator shall not tutor for remuneration students 
currently assigned to the educator's classes, unless 
approved by the local superintendent. An educator 
shall not accept any compensation, benefit, or thing 
of value other than the educator's regular 
compensation for the performance of any service 
that the educator is required to render in the course 
and scope of the educator's employment. This Rule 
shall not restrict performance of any overtime or 
supplemental services at the request of the LEA: 
nor shall it apply to or restrict the acceptance of 



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PROPOSED RULES 



(5j 



£6} 



01 
121 

m 



(10) 
Oil 



gifts or tokens of minimal value offered and 
accepted openly from students, parents, or other 
persons in recognition or appreciation of service. 
Abuse of students. The educator shall not commit 
any abusive act or sexual exploitation with, to. or 
in the presence of a student, whether or not that 
student is or has been under the care or supervision 
of that educator, as defined in Paragraph (b)(5)(A)- 
(F) of this Rule: 

(A) any inappropriate use of language that is 
considered profane, vulgar, or demeaning: 

(B) any sexual act: 

(C) any solicitation of a sexual act, whether 
written, verbal, or physical: 

(D) any act of child abuse, as defined by law: 

(E) any act of sexual harassment, as defined by 
law: and 

(F) any intentional solicitation, encouragement. 
or consummation of a romantic or physical 
relationship with a student, or any sexual 
contact with a student. The term "romantic 
relationship" shall include dating any 
student. 

Confidential information. The educator shall keep 
in confidence personally identifiable information 
regarding students or their family members that has 
been obtained in the course of professional service, 
unless disclosure is required or permitted by law or 
professional standards, or is necessary for the 
personal safety of the student or others. 
Unconstitutional or discriminatory acts. The 
educator shall not willfully or maliciously violate 
the constitutional or civil rights of a student, 
parent/legal guardian, or colleague. 
Failure to make a required report. The educator 
shall make all reports required by G.S. 1 15C. 



Alcohol or controlled 
educator shall not: 
iAi 



substance abuse. The 



be under the influence of. possess, use, or 
consume on school premises or at a school- 
sponsored activity a controlled substance as 
defined by. G.S. 90-95. the Controlled 
Substances Act, without a prescription 
authorizing such use: 

(B) be under the influence of. possess, use, or 
consume an alcoholic beverage or a 
controlled substance on school premises or at 
a school-sponsored activity involving 
students: or 

(C) furnish alcohol or a controlled substance to 
any student except as indicated in the 
professional duties of administering legally 
prescribed medications- 
Criminal acts. The educator shall not commit any 
act referred to in G.S. 1 15C-332 and any felony 
under the laws of the United States or of any state. 
Public funds and property. The educator shall not 



(12) 



13) 



misuse public funds or property, funds of a school - 
related organization, or colleague's funds. The 
educator shall account for funds collected from 
students, colleagues, or parents/legal guardians. 
The educator shall not submit fraudulent requests 
for reimbursement, expenses, or pay. 
Unauthorized professional practice. The educator 
shall not perform any act as an employee in a 
position for which licensure is required by the rules 
of the SBE or by G.S. 1 15C during any period in 
which the educator's license has been suspended or 
revoked. 

Prohibited harassment and retaliation. The educator 
shall not directly or indirectly use or threaten to use 
any official authority or influence in any manner 
that tends to discourage, restrain, interfere with. 
coerce, or discriminate against any subordinate or 
any licensee who in good faith reports, discloses, 
divulges, or otherwise brings to the attention of an 
LEA, the SBE. or any other public agency 
authorized to take remedial action, any facts or 
information relative to actual or suspected violation 
of any law regulating the duties of persons serving 
in the public school system, including but not 
limited to these Rules. 



Authority G.S. 115C-296(a). 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the NC Standards Board for Public School 
Administration intends to adopt rules cited as 16 NCAC 7 
.0201 - .0202 and .0301 - .0303. These Rules were filed as 
temporary rules and were published in the Register on 
October 1, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on 
December 30, 1997 at the Education Building, 301 N. 
Wilmington St., Room 324, Raleigh, NC 27601-2825. 

Reason for Proposed Action: The purpose of this rule- 
making is to establish procedures for the administration of an 
examination to be used in the licensing of principals as 
required by G.S. 115C-290.5(a). The intent of the new 
licensure examination is to identify persons eligible for 
licensure as public school administrators. A passing score on 
the Public School Administrator Exam, which is the School 
Leaders Licensure Assessment established by Educational 
Testing Services (ETS), will be a requirement for any 
individual seeking license as a principal effective January 1, 
1998. 

Comment Procedures: Comments will be accepted on or 
before the date for the public hearing. Comments must be 



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December 15, 1997 



1052 



PROPOSED RULES 



received bx January 14, 1998. Written comments should be 
addressed to: North Carolina Standards Board for Public 
School Administration. 324 Education Building. 301 North 
Wilmington Street, Raleigh, NC 27601 or may be faxed to : 
(919) 715-2260. 

Fiscal Note: TJiese Rules do not affect the expenditures or 
revenues of state or local government fi/nds. Tfiese Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 7 - NORTH CAROLINA BOARD 
FOR PUBLIC SCHOOL ADMLNISTRATION 

SECTION .0200 - EXAMINATION 
PROCEDURES 

.0201 APPLICATION FOR EXAMINATION 
OR REGISTRATION 

Application for admission to take the Public School 
Administrator Exam for the principalship must be made on 
forms supplied by the Board along with a non-refundable 
application fee of fifty dollars (S50.00) for the first 
application. The applications are available upon request made 
in person or by. writing to the Board. Applicants must also 
supply the Board with a statement from the approved 
Institution of Higher Education (IHE) where preparation was 
completed that the individual has satisfied the educational 
requirements of G.S. 1 15C-290. 7(a)(3). An application 
process must be begun and the proper application fee received 
in the Board office 60 days prior to the exam. All data 
received by the Board in connection with the application 
shall become a part of the application and shall also become 
a permanent record of the Board . 

Authority G.S. 115C-290. 5(a)(6). 

.0202 WRITTEN EXAMINATION 

(a) The North Carolina Public School Administrator Exam 
for the principalship shall be the School Leaders Licensure 
Assessment established by Educational Testing Service 
(ETS). The fee for the exam shall be established and 
collected by ETS. 

(b) Three written exams shall be held in locations 
throughout the state during a calendar year. 

(c) The Board shall set the passing score for the exam. 
The Exam shall be graded in accordance with the methods 
and procedures established by ETS. Applicants may retake 
the examination at subsequent scheduled administrations. 

Authority G.S. 1 15C-290.5(a)(6). 



petition to the Board at the Board's address. The petition 
must be titled "Petition for Rule Making" and must include 
the following information: the name and address of the 
person submitting the petition: a citation to any rule for 
which a change or repeal is requested: a draft of any proposed 
rule or amended rule: an explanation of why the new rule, 
amendment ot repeal is requested and the effects of the new 
rule, amendment, or repeal on the Board's procedure or the 
persons regulated by the Board: any other information the 
person submitting the petition considers relevant. The Board 
must decide whether to grant or deny a petition for rule- 
making within 120 days of receiving the petition. In making 
its decision, the Board will consider the information 
submitted with the petition and any other relevant 
information. 

Authority G.S. 115C-290. 5(a)(6); 150B-4. 

.0302 NOTICE MAILING LIST 

Any persons desiring to be placed on the mailing list for 
Board rule-making notices may file such request in writing, 
furnishing their names and mailing addresses to the Board. 
The letter of request shall state those subiect areas within the 
authority of the Board for which the person wants notice. 
The Board may require reasonable postage and stationery, and 
duplicating cost to be paid by persons receiving such notice. 

Authority G.S. 115C-290. 5(a)(6); 150B-4. 

.0303 PROCEDURE FOR DECLARATORY 
RULING 

(a) The Board shall decide whether to grant or deny a 
request to make a declaratory ruling on the validity of a rule 
or on the applicability of particular facts of a statute or to a 
rule or order of the Board within 60 days of receiving the 
petition. The Board may refuse to grant a petition for a 
declaratory ruling when there has been a similar factual 
determination in a contested case or one is likely to be made 
in a pending contested case or investigation. 

(b) The Board will presume that its current rules are valid 
unless this presumption is rebutted by persuasive evidence as 
offered in the petition for the declaratory ruling. When the 
Board determines that a rule is invalid, the Board shall initiate 
rule-making proceedings and send written notice of the 
proceeding to the person who submitted the request. 

Authority G.S. 115C-290. 5(a)(6); 150B-4. 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 



SECTION .0300 - RULE MAKING PROCEDURES 

.0301 RULE-MAKING PETITIONS 

A person may petition the Board to adopt a new rule or 
change or amend an existing rule by sending a rule-making 



Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Department of Transportation - 
Division of Highways intends to amend rules cited as 19A 
NCAC 02 E .0218 .0222. Notice of Rule-making 
Proceedings was published in the Register on September 2, 



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PROPOSED RULES 



1997. 

Proposed Effective Date: August 1, 1998 

Instructions on How to Demand a Public Hearing: A 

demand for a public hearing must be made in writing and 
mailed to Emily Lee, NC Department of Transportation, PO 
Box 25201, Raleigh, NC 27611. The demand must be 
received within 15 days of this notice. 

Reason for Proposed Action: Rules are proposed for 
amendment to clarify language for legal interpretation, 
change criteria for participation in program, and set 
standardized fees for program. 

Comment Procedures: Any interested person may submit 
written comments to Emily Lee, NC Department of 
Transportation, PO Box 25201, Raleigh, NC 27611, within 
30 days after the proposed rules are published. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2E - MISCELLANEOUS OPERATIONS 

SECTION .0200 - OUTDOOR ADVERTISING 

.0218 LOCATION OF PANELS 

The department shall control the erection and maintenance 
of official signs giving specific information of interest to the 
traveling public in accordance with following criteria: 

(1) The department may erect panels at interchanges. 

(2) Panels shall be fabricated and located as detailed on 
the signing plans for the interchanges and shall be 
located in a manner to take advantage of natural 
terrain and to have the least impact on the scenic 
environment. 

(3) A separate mainline panel shall be provided on the 
interchange approach for each qualified type of 
motorist service except as provided in Item (4) of 
this Rule. No more than one panel snail be erected 
for a type of service in each direction approaching 
an interchange. Panels shall be required in each 
direction on the mainline when lateral spacing is 
available, except a panel may not be required in the 
direction from a non-controlled access facility to a 
fully controlled access freeway. Where a qualified 
type of motorist service is not available at an 
interchange, the panel may not be erected. A 
maximum number of six specific business (logo) 
signs may be installed on any logo panel for each 
service type at an interchange. 

(4) The mainline panels shall be erected between the 



(5) 



(6) 



(7) 



(8) 



previous interchange and 800 feet in advance of the 
exit direction sign for the interchange from which 
the services are available. There shall be at least 
800 feet spacing between the panels and other 
signs. In the direction of traffic, the successive 
panels shall be those for "CAMPING", 
"LODGING", "FOOD", and "GAS" in that order. 
A combination type panel may be used in remote 
rural areas of a fully controlled access highway and 
when space does not permit all signs and only two 
of each type of service is available at the location. 
A maximum of three business signs may appear 
below each respective service on a combination 
type panel. If all four services are available, 
"GAS" and "FOOD" shall be combined on one 
sign, and "LODGING" and "CAMPING" shall be 
combined on one sign. When the number of 
business facilities at an interchange are increased to 
more than three for one or more services, existing 
combination service business signing must be 
removed and replaced with sign panels, dedicated 
to each service. If the spacing limitations prohibit 
the erection of Specific Information Panels for all 
of the types of services available, preference shall 
be given to "GAS", "FOOD", "LODGING" or 
"CAMPING" services in that order. No panels 
shall be erected where minimum spacing limitations 
cannot be met. 

If a panel(s) cannot be erected due to spacing 
limitations, a supplemental service sign, which lists 
the additional services available, may be erected 
below existing sign(s). Not more than three 
services may be erected below an existing sign. 
On each exit ramp, a ramp panel for the qualified 
type of motorist service may be erected. Panels 
shall be required in each direction on the ramps 
when lateral spacing is available, except where a 
panel may not be required in the direction from a 
non-controlled access facility to a fully controlled 
access freeway or if If all of the qualified services 
are visible from the exit ramp terminal, ramp 
panels are not required. 

The ramp panel shall be erected as detailed on the 
signing plans for the interchange. If conditions 
permit, the successive panels along the ramp in the 
direction of traffic shall be those for "CAMPING", 
"LODGING", "FOOD", and "GAS" in that order. 
If there is insufficient space on the ramp or the 
mainline for all the panels, priority shall be given 
to "GAS", "FOOD", "LODGING", then 
"CAMPING" services in that order. If panel(s) 
cannot be erected on a ramp due to spacing 
limitations, a supplemental service sign, which lists 
the additional services available, may be e re ct e d. 
shall be installed. 

Panels shall not be e re cted at an inte r change wh er e 
the — moto r ist — cannot — conveniently — re - e nt er — the 



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1054 



PROPOSED RULES 



m 



f r eeway — ami continue — in the sam e di r ection of 
travel . Where supplemental service signing is on 
the mainline due to space limitations, a business 
may purchase logo panels on ramps. 
Panels shall not be erected at an interchange where 
the motorist cannot conveniently re-enter the 
freeway and continue in the same direction of 
tra\el 



Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 
143B-348; 143B-350(f); 23 C.F.R. 750. Subpart A; 23 
U.S.C. 131(f). 

.0219 ELIGIBILITY FOR PROGRAM 

Business signs may be permitted, provided said businesses 
comply with the following criteria and have a public 
telephone: 

(1) The individual business installation whose name, 
symbol or trademark appears on a business sign 
shall give written assurance of the business's 
conformity with all applicable laws concerning the 
provision of public accommodations without regard 
to race, religion, color, sex. or national origin. An 
individual business may apply for additional sign 
positions on a sign panel provided no qualified 
applicant is denied space on the sign panel. An 
individual business, under construction, may 
participate in the program by giving written 
assurance of the business's conformity with all 
applicable laws and requirements for that type of 
service, by a specified date of opening to be within 
one year of the date of application. 

(2) The maximum distance that a "GAS" "FOOD", or 
"LODGING" service may be located from the fully 
controlled access highway shall not exceed three 
miles in either direction via an all-weather road. 
Where no qualifying services exist within three 
miles, the maximum distance may be increased to 
six miles, provided the total travel distance to the 
business and return to the interchange does not 
exceed twelve miles. The maximum distance for a 
"CAMPING" service shall not exceed ten miles in 
either direction via an all-weather road. Said 
distances shall be measured from the point on the 
interchange crossroad, coincident with the 
centerline of a fully controlled access highway 
route median, along the roadways to the respective 
motorist service. The point to be measured to for 
each business is a point on the roadway that is 
perpendicular to the corner of the nearest wall of 
the business to the interchange. The wall to be 
measured to shall be that of the main building or 
office. Walls of sheds (concession stands, storage 
buildings, separate restrooms, etc.) whether or not 
attached to the main building shall not be used for 
the purposes of measuring. If the office (main 
building) of a business is located more than .2 mile 



(3) 



• 4, 



(5) 



from a public road on a private road or drive, the 
distance to the office along the said drive/road shall 
be included in the overall distance measured to 
determine whether or not the business qualifies for 
business signing. The office shall be presumed to 
be at the place where the services are provided. 
"GAS" and associated services. Criteria for 
erection of a business sign on a panel shall include: 

(a) appropriate licensing as required by law; 

(b) vehicle services for fuel, motor oil, tire 
repair (by an employee) and water; 

(c) restroom facilities and drinking water 
suitable for public use; 

(d) an on-premise attendant to collect monies, 
make change, and make or arrange for tire 
repairs; 

(e) year-round operation at least 16 continuous 
hours per day, seven days a week. 

"FOOD". Criteria for erection of a business sign 
on a panel shall include: 

(a) appropriate licensing as required by law, and 
a permit to operate by the health department; 

(b) businesses shall meet at least one of the 
following criteria : 

lil year-round operation at least 12 

continuous hours per day to serve 

three meals a day (sandwich type 

entrees may be considered a meal) 

(breakfast, lunch, supper), seven days 

a week; 

(ii) year-round operation at least 12 

continuous hours per day to serve 

three meals a day (sandwich type 

entrees may be considered a meal) 

(breakfast, lunch, supper) six days a 

week; 

(iii) year-round operation at least 8 

continuous hours per day, open by at 

least 6:00 a.m. or open later than 

1 1:00 p.m. and with a drive up 

window to serve at least two meals a 

day (sandwich type entrees may be 

considered a meal) (breakfast, lunch. 

supper), seven days a week. 

If a business qualifies under Subitems (4) (ii) 

or (iii) then it must be stated on each 

mainline, each ramp, and each trailblazer 

business sign the day closed or the hours of 

operation. 

(c) indoor seating for at least 20 persons; 

(d) public restroom facilities. 
"LODGING". Criteria for erection of a business 
sign on a panel shall include: 

(a) appropriate licensing as required by law, and 
a permit to operate by the health department; 

(b) sleeping accommodations consisting of a 
minimum of 10 units each, including 



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PROPOSED RULES 



bathroom and sleeping room, except a 
Lodging business operating as a "Bed and 
Breakfast" establishment with less than 10 
units may participate. "Bed and Breakfast" 
businesses shall be identified on the Logo 
signs by a standard message specified by the 
Department. "Bed and Breakfast" businesses 
shall only be allowed to participate in the 
program if the maximum number of qualified 
Lodging businesses do not request 
participation in the program and occupy 
spaces on the Logo sign panels; 

(c) off-street vehicle parking for each lodging 
room for rent; 

(d) year-round operation. 

(6) "CAMPING". Criteria for erection of a business 
sign on a panel shall include: 

(a) appropriate licensing as required by law, 
including meeting all state and county health 
and sanitation codes and having water and 
sewer systems which have been duly 
inspected and approved by the local health 
authority (the operator shall present evidence 
of such inspection and approval); 

(b) at least 10 campsites with accommodations 
for all types of travel-trailers, tents and 
camping vehicles; 

(c) parking accommodations; 

(d) continuous operation, seven days a week 
during business season; 

(e) removal or masking of said business sign by 
the department during off seasons, if 
operated on a seasonal basis. 

Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 
143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 
U.S.C. 131(f). 

.0220 COMPOSITION OF SIGNS 

No business sign shall be displayed which would mislead 
or misinform the traveling public. Any message, trademarks, 
or brand symbols which interfere with, imitate, or resemble 
any official warning or regulatory traffic sign, signal or 
device is prohibited. 

Each specific service business sign shall include only 
information that is related to that specific service. 

No business sign shall be displayed for a business which is 
not open for business and in full compliance with the 
standards required by the program. 

Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 
143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 
U.S.C. 131(f). 

.0221 FEES 

(a) The fee for an initial installation is two hundred fifty 
dollars ($250.00) per each mainline, per each ramp, and per 



each trailblazer business sign. Contracts shall be renewed 
annually every November 1 . The annual maintenance fee is 
two hundred fifty dollars ($250.00) per each mainline, per 
each ramp, and per each trailblazer business sign. The initial 
fee shall cover a one-year period beginning with placement 
and acceptance of the "business sign" or "logo sign" by the 
department. The fee for that period of time between the first 
anniversary of placement and acceptance and the first annual 
renewal date shall be the prorated portion of the annual fee. 
Any business which meets the criteria to participate in the 
program may pay the cost of initial installation of a complete 
logo sign panel subject to a credit to be determined by the 
department at the time it receives any fee from a business 
which later qualifies and elects to participate in the program 
on the subject panel. The aforesaid payment of the cost of 
initial installation of a complete logo sign panel in no way 
relieves the participating business from the obligation of its 
payment of the annual maintenance fee per business sign. 

(b) Fees are payable by check or money order and due in 
advance of the period or service covered by said fee. Failure 
to pay a charge when due is ground for removal of the sign 
and termination of the contract. 

(c) When requested by a business, the department may 
perform additional requested services in connection with 
changes of the business sign, upon payment of a twenty-five 
dollar ($25.00) service charge per business sign, and any new 
or renovated business sign required for such purpose shall be 
provided by the applicant. If the department removes or 
masks a business sign because of seasonal operation, there 
shall be no additional charge to the business. 

(d) The department shall not be responsible for damages to 
business signs caused by acts of vandalism, accidents, natural 
causes (including natural deterioration), requiring repair or 
replacement of business sign(s). Applicants in such event 
shall provide a new or renovated business sign together with 
payment of a twenty-five dollar ($25.00) service charge per 
business sign to the department to replace such damaged 
business sign(s). 

(e) Any participating business, other than "GAS", 
"FOOD", or "LODGING" service located more than three 
miles from a fully controlled access highway, which did not 
previously participate in the initial cost of the installation of 
logo sign panels, and which meets the criteria to participate in 
the program, may by making application to the department 
and paying the balance of const r uction costs not pr eviously 
paid-; nine hundred and ten dollars ($910.00). per each 
mainline business sign and per each ramp business sign, avoid 
being removed from this program by applications of other 
businesses deemed closer to the interchange. No charge shall 
be made for trailblazers. Any participating applicant may pay 
the balance of const r uction costs for only one logo sign on 
any sign panel. This payment shall be made only at the 
beginning of a contract or at the renewal time. This payment 
of the balance of construction costs in no way relieves the 
participating business from the obligation of its payment of 
the annual maintenance fee per each business sign. The 
annual maintenance fee shall be two hundred fifty dollars 



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1056 



PROPOSED RULES 



($250.00) per each mainline, per each ramp, and per each 
trailblazer business sign. 

(0 Any business, other than "GAS", "FOOD", or 
"LODGING" service located more than three miles from a 
fully controlled access highway, which meets the criteria to 
participate in the program, by making application to the 
department and prepaying all construction cost fees for 
addi t ion to existing logo signs, may avoid being removed 
from this program by applications of other businesses deemed 
to be closer to the interchange. Any business applicant may 
prepay the balance of construction costs for only one logo 
sign on any sign panel. This prepayment of all construction 
cost fees in no way relieves the participating business from 
the obligation of its payment of the annual maintenance fee 
per each business sign. The annual maintenance fee per each 
mainline, per each ramp, and per each trailblazer business 
sign shall be two hundred fifty dollars (S250.00). 

(g) Any participating business located more than three 
miles from a fully controlled access highway, that prepaid all 
construction costs for the initial installation of the logo 
background sign panels, shall be allowed a reimbursement if 
dislocated by another qualifying, participating business. This 
reimbursement amount shall be determined by the 
Department, based on the life-cycle costs of the logo signs 
and the in-service time the business logo was displayed. 

(h) Any business, other than "GAS". "FOOD", or 
"LODGING" service located more than three miles from a 
fully controlled access highway, which meets the criteria to 
participate in the program, by making application to the 
department and paving nine hundred ten dollars ($910.00) per 
each mainline business sign and per each ramp business sign. 
may avoid being removed from this program by applications 
of other businesses deemed closer to the interchange. No 
charge shall be made for trailblazers. Any business applicant 
may pay for only one logo sign on any sign panel. This 
payment shall be made only at the beginning of a contract or 
at the renewal time. This payment in no way relieves the 
participating business from the obligation of its payment of 
the annual maintenance fee per each business sign. The 
annual maintenance fee per each mainline, per each ramp . and 
per each trailblazer business sign shall be two hundred fifty 
dollars ($250.00). 

li) No fee shall be charged for supplemental service signs. 

Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 
143B-348; 143B-350<f); 23 C.F.R. 750, Subpart A: 23 
U.S.C. 131(f). 

.0222 CONTRACTS WITH THE DEPARTMENT 

(a) The department shall perform all required installation, 
maintenance, removal and replacement of all business signs 
upon panels. 

(b) Individual businesses requesting placement of business 
signs on panels shall apply by submitting to the Department 
of Transportation a completed Agreement form. As a 
condition of said Agreement, the applicant must agree to 
submit the required initial fee within 30 days after the 



business is approved by the department. The department 
shall provide a statement(s) to the applicant at the time 
agreements are provided that itemize the number of business 
signs required, their fee(s) and remittance requirements. 

(c) Businesses must submit a layout of their proposed 
business sign for approval by the department before the 
business sign is fabricated. 

(d) No business sign shall be displayed which, in the 
opinion of the department, is unsightly, badly faded, or in a 
state of dilapidation. The department shall remove, replace, 
or mask any such business signs as appropriate. Ordinary 
initial installation and maintenance services shall be 
performed by the department at such necessary times upon 
payment of the annual renewal fee, and removal shall be 
performed upon failure to pay any fee or for violation of any 
provision of the rules in this Section and the business sign 
shall be removed. The business shall furnish all business 
signs. 

(e) When a business sign is removed, it shall be taken to 
the division traffic services shop of the division in which the 
business is located. The business shall be notified of such 
removal and given 30 days in which to retrieve their business 
sign(s). After 30 days, the business sign shall become the 
property of the department and shall be disposed of as the 
department shall see fit. 

(f) Should the department determine that trailblazing to a 
business that is signed for at the interchange is desirable, it 
shall be done with an assembly (or series of assemblies) 
consisting of a ramp size business sign and an appropriate 
white on blue arrow. The business shall furnish all business 
sign(s) required and deemed necessary by the department. 
Fees shall be same as for other business sign(s). If several 
different services are located on the same business site, 
duplicate type logo signs shall not be erected in a single logo 
trailblazer installation. In such trailblazer installations, only 
one logo sign and one directional arrow sign shall be used. 
The business may submit, subject to approval by the 
department, different logo signs to identify different services 
which may be located on the same business site. 

(g) Should a business qualify for business signs at two 
interchanges, the business sign(s) shall be erected at the 
nearest interchange. If the business desires signing at the 
other interchange also, it may be so signed provided it does 
not prevent another business from being signed. 

(h) Where there are more businesses which meet the 
criteria to participate in the program than space is available 
on the panel(s), then those businesses closer to the 
interchange, measured as described in Rule .0219(b) of this 
Section, shall be permitted to participate, except as provided 
for in Rule .0221 (a), (e), and (f) of this Section. 
A business under construction shall not be allowed to apply 
for participation in the program if its participation would 
prevent an existing open business applicant from 
participating, unless the open business has turned down a 
previous opportunity offered by the Department to participate 
in the program as provided in Paragraph (i) of this Rule. 
After approval of an application to participate, a business 



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PROPOSED RULES 



under construction shall be allowed priority participation over 
another business, which qualifies and becomes open for 
business prior to the time specified for opening in the 
application by the business under construction. 

(i) Should the number of businesses of a particular service 
at an interchange increase to more than the maximum number 
of business signs allowed on a panel, and a closer business 
qualifies and requests installation of its business signs, the 
business sign(s) of the farthest business shall be removed at 
the renewal date, provided that any business which has 
previously paid the full cost of erecting a panel shall not be 
removed under this Rule. A business with more than one 
sign displayed on any panel shall have the additional sign(s) 
removed at the end of a contract period when other qualifying 
business(es) applies for space on the panels. A business 
which has turned down a previous opportunity offered by the 
department to participate in the program may not qualify as a 
closer business under this Rule, except as provided in Rule 
.0221 (a), (e), and (f) of this Section. If the existing sign is 
designed to hold less than the maximum allowed number of 
business panels, then the new business must pay the full cost 
of upgrading the sign to the maximum size such that 
displacements of renters should not take place until the sign is 
at maximum size. 

A business closed for reconstruction or renovation, or for 
restoration of damages caused by fire or storm shall notify the 
division engineer's office immediately upon closing. The 
business shall be granted one year to complete the 
construction, renovation, or restoration, provided all logo 
fees are maintained and the same type of qualifying service is 
provided after reopening, even if under a different business 
name. The business signs shall be removed from the panels 
and stored by the department until notice of reopening is 
received. The signs shall then be reinstalled upon payment of 
a fee of twenty-five dollars ($25.00) per sign. 

(j) When it comes to the attention of the department that a 
participating business is not in compliance with the minimum 
state criteria, the division engineer's office shall promptly 
verify the information and if a breach of agreement is 
ascertained, inform the business that it shall be given 30 days 
to correct any deficiencies or its business signs shall be 
removed. If the business is removed and later applies for 
reinstatement, this request shall be handled in the same 
manner as a request from a new applicant. When a 
participating business is determined not to be in compliance 
with the minimum state criteria for a second time within two 
years of the first determination of non-compliance, its 
business signs shall be permanently removed. 

At the time specified for opening, if a business under 
construction is found to not be in compliance, or not open for 
business, the Division Engineer shall promptly verify the 
information. If a breach of agreement is ascertained, the 
Division Engineer shall inform the business that it shall be 
given 30 days to correct any deficiencies or its business signs 
shall not be erected. If the business later applies for 
reinstatement, this request shall be handled in the same 
manner as a request from a new applicant. 



(k) The department may cover or remove any or all 
business signs in the conduct of maintenance or construction 
operations, or for research studies, or whenever deemed by 
the department to be in the best interest of the department or 
the traveling public, without advance notice thereof. 

(1) The transfer of ownership of a business for which an 
agreement has been lawfully executed with the original owner 
shall not in any way affect the validity of the agreement for 
the business sign(s) of the business, provided that the 
appropriate division engineer is given notice in writing of the 
transfer of ownership within 30 days of the actual transfer. 

(m) No new contracts shall be accepted by the Department 
during the month of October. 



Authority- G.S. 136-89.56; 
143B-348; 143B-350(f). 



136-137; 136-139; 143B-346; 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Board of Examiners in 
Optometry intends to amend rules cited as 21 NCAC 42E 
.0102. Notice of Rule-making Proceedings was published in 
the Register on September 15, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 2:00 p.m. on 
December 30, 1997 at 109 N. Graham Street, Wallace, NC 
28466. 

Reason for Proposed Action: The 1997 General Assembly 
enacted House Bill 527 (S.L. 1997-75) amending G.S. 90-114 
to permit optometrists to prescribe pharmaceutical agents 
without consultation with a physician. The rule-making 
conforms the Board 's rules to the revised statute. 

Comment Procedures: Written comments concerning this 
Rule should be submitted to the North Carolina Board of 
Examiners in Optometry, 109 N. Graham St., Wallace, NC 
28466. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. Tfiis Rules does 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 42 - BOARD OF EXAMINERS 
IN OPTOMETRY 

SUBCHAPTER 42E - MODE OF PRACTICE 

SECTION .0100 - RESPONSIBILITY FOR 
PATIENTS 



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.0102 PROFESSIONAL RESPONSIBILITY 

In keeping with the professional code, the optometrist 
shall: 

(1) attend to the visual needs of all those seeking his 
services without regard to financial remuneration; 

(2) maintain adequate equipment and instruments in his 
office at all times to assure proper and complete 
examination of patients. Such equipment and 
instruments shall include, but not be limited to, the 
following: a direct ophthalmoscope; an indirect 
ophthalmoscope; condensing lenses; proper 
instrumentation for foreign body removal; 
biomicroscope; instrument for plotting central and 
peripheral fields; applanation tonometer; distance 
and near acuity charts; test objects for stereopsis 
and fusion; color vision testing apparatus; 
refractor, trial frame or phorometer with trial case 
lenses; keratometer; and retinoscope; 

(3) sterilize according to usage all instruments or 
equipment used in the treatment of optometric 
patients, including those instruments or equipment 
used for the removal of foreign bodies from the 
external eye or its adnexa. All optometric offices 
shall follow infection control recommendations as 
set forth in the infection control manual as 
recommended by the American Optometric 
Association's Committee on Primary Care and 
Ocular Disease, or in the clinical guidelines of the 
American Optometric Association's Clinical 
Guidelines and Quality Assurance Coordinating 
Committee or their successors including subsequent 
adoptions, amendments, and editions. Copies of 
this material are available for inspection at the 
Board's office and may be obtained by paying a fee 
of ten dollars (S 10.00) to the Board; 

(4) assist his patients in whatever manner possible in 
obtaining further care when in his opinion other 
than his care is needed; 

(5) maintain adequate and available records on every 
patient containing case history, findings, diagnosis, 
treatment, and disposition. In compliance with this 
requirement, the patient record shall include the 
name of the patient's family physician or any other 
physician who may be consulted with regard to the 
care of the patient. The name and dosage of any 
medication prescribed shall be recorded with the 
diagnosis and instructions to the patient concerning 
follow-u p . — In any instance whe r e a the r a p eutic 



medication, oth e r than a medication being t o p ically 
appli e d, — rs — p rescribed — the — p atient — r ecord — shaft 
indicate that the consulting p hysician noted on th e 
r eco r d is informed. Communication is desi r abl e a t 



the — time — of- 



trme — oi — pr esc r i b ing — systemic — medication; 
howeve r , — m — the — event — communication — rs — not 
p ossibl e at that moment o r if pr evious pr otocols 
have been ag r eed to by the consulting p hysician, 
the — record — shaH — indicate — stteh — consultation — or 
communication took p lace within 72 hours and 
whethe r — strcri — consultation — or — communication 
occu rre d by t e l ep hon e , in w r iting, or othe r wis e ; 
follow-up: 

(6) retain full and independent control of and 
responsibility for patient records. This requirement 
does not preclude the licensee from providing 
copies of patient spectacle prescriptions for 
subsequent optical services, nor does it preclude the 
licensee from providing copies of patient records to 
any entity with the consent and authorization of the 
patient. Patient records shall be maintained by the 
optometrist responsible for such records for a 
period of not less than 5 years following the last 
entry into the patient's chart; 

(7) treat all information concerning his patients as 
confidential and not to be communicated to others 
except when authorized to do so by the patient or 
required by law; 

(8) have an established and appropriate procedure for 
the provision of eye care to his patients in the event 
of an emergency outside of normal professional 
hours, or when the licensee is not available due to 
vacation, personal illness, attendance at 
professional meetings or continuing education 
programs, or other absences of a similar nature. 
Patients shall be informed of such procedure. The 
procedure referred to herein may include, but is not 
limited to. cooperative arrangements with another 
licensed optometrist or a physician licensed under 
North Carolina General Statutes Chapter 90, 
Article 1, a telephone answering system or pager; 
or written or posted instructions to the patient; 

(9) maintain full and independent control of the terms 
and conditions of any professional liability 
insurance coverage pertaining to his services. 

AuthoritM G.S. 90-18; 90-114; 90-121.2; 90-127.2. 



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TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-21.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of nde-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 

Rule-making Agency: Commission for Mental Health, 
Developmental Disabilities & Substance Abuse Sendees 

Rule Citation: 10 NCAC 14G .0102 

Effective Date: January 1, 1998 

Findings Reviewed and Approved by: Beecher R. Gray 



Authority for the rule-making: 

122C-53(f); 131E-67; 143B-147 



122C-3; 122C-4; 122C-51: 



Reason for Proposed Action: SB 352 requires the 
Commission for MH/DD/SAS to adopt temporary rules to 
implement the forensic treatment program at Dorothea Di.x 
Hospital in order to protect the health, safety and welfare of 
patients, employees, and the general public with provisions 
for locking the rooms of patients in the forensic treatment 
program during rest times, including normal sleeping hours. 

Comment Procedures: Written comments concerning these 
Rules should be submitted to Charlotte F. Hall, Rulemaking 
Coordinator, Division of Mental Health, Developmental 
Disabilities and Substance Abuse Services, 325 N. Salisbury 
Street, Raleigh, NC 27603-5906. Fiscal information is 
available upon request. 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER 14G - COMMITTEES AND 
PROCEDURES 

SECTION .0100 - PURPOSE: SCOPE: 
DEFINITIONS 

.0102 DEFINITIONS 

(a) In addition to the definitions contained in this Rule, the 
terms defined in G.S. 122C-3, 122C-4 and 122C-53(f) also 
apply to all rules in Subchapters 14G, 14H, 141, and 14J of 
this Chapter. 

(b) As used in the rules in Subchapters 14G, 14H, 141 and 
14J of this Chapter, the following terms have the meanings 
specified: 

(1) "Abuse" means the infliction of physical or mental 
pain or injury by other than accidental means, or 
unreasonable confinement, or the deprivation by an 
employee of services which are necessary to the 
mental and physical health of the client. 
Temporary discomfort that is part of an approved 



and documented treatment plan or use of a 
documented emergency procedure shall not be 
considered abuse. 

(2) "Basic necessities" means the essential items or 
substances needed to support life and health which 
include, but are not limited to, a nutritionally 
sound diet balanced during three meals per day, 
access to water and bathroom facilities at frequent 
intervals, seasonable clothing, medications to 
control seizures, diabetes and other like physical 
health conditions, and frequent access to social 
contacts. 

(3) "Client record" means any record made of 
confidential information. 

(4) "Clinically privileged" means authorization by the 
State Facility Director for a qualified professional 
to provide specific treatment/habilitation services to 
clients, within well-defined limits, based on the 
professional's education, training, experience, 
competence and judgment. 

(5) "Complaint" means an informal verbal or written 
expression of dissatisfaction, discontent, or protest 
by a client concerning a situation within the 
jurisdiction of the state facility. A complaint 
would usually but not necessarily precede a 
grievance. 

(6) "Consent" means concurrence by a client or his 
legally responsible person following receipt of 
sufficient information by the qualified professional 
who will administer the proposed treatment or 
procedure. Informed consent implies that the client 
or his legally responsible person was provided with 
sufficient information concerning proposed 
treatment, including both benefits and risks, in 
order to make an educated decision with regard to 
such treatment. 

(7) "Dangerous articles or substances" means, but is 
not limited to, any weapon or potential weapon, 
heavy blunt object, sharp objects, potentially 
harmful chemicals, or drugs of any sort, including 
alcohol. 

(8) "Deputy Director" means a member of the 
management staff of the Division with 
responsibility for the state facilities relative to a 
specific disability area. Such directors may include 
the Deputy Director of Mental Health, Deputy 
Director of Mental Retardation, Deputy Director of 
Substance Abuse, or such deputy's designee. 

(9) "Director of Clinical Services" means Medical 
Director, Director of Medical Services or such 
person acting in the position of Director of Clinical 
Services, or his desienee. 



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TEMPORARY RULES 



(10) 

(11) 



(12) 



(13) 
(14) 



(15) 



( 15) 



( 16) 



tm 



. 1 o . 



"Division Director" means the Director of the 

Division or his designee. 

"Emergency" means a situation in a state facility in 

which a client is in imminent danger of causing 

abuse or injury to self or others, or when 

substantial property damage is occurring as a result 

of unexpected and severe forms of inappropriate 

behavior, and rapid intervention by the staff is 

needed. [See Subparagraph (b)(22) of this Rule for 

definition of medical emergency]. 

"Emergency surgery" means an operation or 

surgery performed in a medical emergency [as 

defined in Subparagraph (b)(22) of this Rule] where 

informed consent cannot be obtained from an 

authorized person, as specified in G.S. 90-21.13, (26) 

because the delay would seriously worsen the 

physical condition or endanger the life of the client. 

"Exclusionary time-out" means the removal of a 

client to a separate area or room from which exit is 

not barred for the purpose of modifying behavior. f2i-) 

"Exploitation" means the use of a client or his 

resources for another person's profit, business or 

advantage. "Exploitation" includes borrowing, 

taking or using personal property from a client with 

or without the client's permission. 

"Forensic Division" means the inpatient facility at 

Dorothea Dix Hospital which serves clients who (22) 

are: 

admitted for the purpose of evaluation for 
capacity to proceed to trial: 
found not guilty by reason of insanity: 
determined incapable of proceeding to trial: 
or 

deemed to require a more secure 
environment to protect the health, safety and 
welfare of clients, staff and the general {23) 

public. 
'Grievance" means a formal written complaint 
or on behalf of a client concerning a 
circumstance would usually but not necessarily 
follow a complaint. 

( 17) "Human Rights Committee" means a (24) 

committee, appointed by the Secretary, to act in a 
capacity regarding the protection of client rights. 
LL8j" Independent psychiatric consultant" means a 
licensed psychiatrist not on the staff of the state 
facility in which the client is being treated. The (25) 

psychiatrist may be in private practice, or be 
employed by another state facility, or be employed 
by a facility other than a state facility as defined in f36t 

G.S. 122C-3(14). 

£191" Interpreter services" means specialized 
communication services provided for the hearing 
impaired by certified interpreters. 
£20}" Involuntary client" means a person admitted to 
any regional psychiatric hospital or alcoholic 
rehabilitation center under the provisions of Article (2?) 



lAi 

m 

ID) 



by 



5, Pans 7. 8 or 9 of Chapter 122C of the General 
Statutes and includes but it is not limited to clients 
detained pending a district court hearing and clients 
involuntarily committed after a district court 
hearing. This term shall also include individuals 
who are defendants in criminal actions and are 
being evaluated in a state facility for mental 
responsibility or mental competency as a part of 
such criminal proceedings as specified in G.S. 
15A-1002 unless a valid order providing otherwise 
is issued from a court of competent jurisdiction and 
the civil commitment of defendants found not 
guilty by reason of insanity as specified in G.S. 
15A-1321. 

(21 ( "Isolation time-out" means the removal of a 
client to a separate room from which exit is barred 
but which is not locked and where there is 
continuous supervision by staff for the purpose of 
modifying behavior. 

(22') "Major physical injury" means damage caused 
to the body resulting in substantial bleeding or 
contusion of tissues: fracture of a bone; damage to 
internal organs; loss of consciousness; loss of 
normal neurological function (inability to move or 
coordinate movement); or any other painful 
condition caused by such injury. 
(23) "Medical emergency" means a situation where 
the client is unconscious, ill, or injured, and the 
reasonably apparent circumstances require prompt 
decisions and actions in medical or other health 
care, and the necessity of immediate health care 
treatment is so reasonably apparent that any delay 
in the rendering of the treatment would seriously 
worsen the physical condition or endanger the life 
of the client. 

(24 ( "Minimal risk research" means that the risks of 
harm anticipated in the proposed research are not 
greater, considering probability and magnitude, 
than those ordinarily encountered in daily life or 
during the performance of routine physical or 
psychological examinations or tests. 
(25) "Minor client" means a person under 18 years 
of age who has not been married or who has not 
been emancipated by a decree issued by a court of 
competent jurisdiction or is not a member of the 
armed forces. 

(26) "Neglect" means the failure to provide care or 
services necessary to maintain the mental health, 
physical health and well-being of the client. 
£27j" Neuroleptic medication" means a category of 
psychotropic drugs used to treat schizophrenia and 
related disorders. Neuroleptics are the only 
category of psychotropic drugs with long-term side 
effects of major consequence (e.g., tardive 
dyskinesia). Examples of neuroleptic medications 
are Chlorpromazine, Thioridazine and Haloperidol. 
(28) "NormaIization" means the principle of helping 



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TEMPORARY RULES 



the client to obtain an existence as close to normal 

as possible, taking into consideration the client's 

disabilities and potential, by making available to 

him patterns and conditions of everyday life that 

are as close as possible to the norms and patterns of (3?) 

the mainstream of society. 

(28) (29) "Person standing in loco parentis" means one 
who has put himself in the place of a lawful parent 
by assuming the rights and obligations of a parent 

without formal adoption. (38) 

(29) (30) "Protective devices" means an intervention 
which provides support for weak and feeble clients 
or enhances the safety of behaviorally disordered 
clients. Such devices may include posey vests, 
geri-chairs or table top chairs to provide support 

and safety for clients with major physical (39) 

handicaps; devices such as helmets and mittens for 
self-injurious behaviors; or devices such as soft ties 
used to prevent medically ill clients from removing 
intravenous tubes, indwelling catheters, cardiac 
monitor electrodes, or similar medical devices. (4€H 

(301 {311" Psychosurgery" means surgical procedures for 
the intervention in or alteration of a mental, 
emotional or behavior disorder. 

(3+) (32) "Psvchotropic medication" means medication 
with the primary function of treating mental illness, 
personality or behavior disorders. It includes, but 
is not limited to, antipsychotics, anti-depressants, 
minor tranquilizers and lithium. 

(32) {33]" Qualified professional" means any person with 
appropriate training or experience in the 
professional fields of mental health care, mental 
illness, mental retardation, or substance abuse, 
including but not limited to, physicians, 
psychologists, social workers, registered nurses, 
qualified mental retardation professionals and 
qualified alcoholism or drug abuse professionals, as 
these terms are defined in 10 NCAC 14K .0103, 
"Licensure Rules for Mental Health, Mental 
Retardation and Other Developmental Disabilities, (43) 
and Substance Abuse Facilities", division 
publication APSM 40-2. In addition, qualified 
professionals shall include special education 
instructors, physical therapists, occupational 
therapists, speech therapists and any other 
recognized professional group designated by the 

State Facility Director. 

(33) £34j"Regional alcoholic rehabilitation center" 
means a state facility for substance abusers as 
specified in G.S. 122C-181(a)(3). 

(34) (35 ( "Regional mental retardation center" means a 
state facility for the mentally retarded as specified 

in G.S. 122C-181(a)(2). (42) 

(35) (36) "Regional psychiatric hospital" means a state 
facility for the mentally ill as specified in G.S. 
122C-181(a)(l). (43) 

(36) {37}" Representative payee" means the person, 



group, or facility designated by a funding source, 
such as Supplemental Security Income (SSI), to 
receive and handle funds according to the 
guidelines of the source on behalf of a client. 
(38) "Research" means inquiry involving a trial or 
special observation made under conditions 
determined by the investigator to confirm or 
disprove an hypothesis or to explicate some 
principle or effect. 

(39) "Respite client" means a client admitted to a 
mental retardation center for a short-term period, 
normally not to exceed 30 days. The primary 
purpose of such admission is to provide a 
temporary interval of rest or relief for the client's 
regular caretaker. 

(40)" Responsible professional" shall have the 
meaning as specified in G.S. 122C-3 except the 
"responsible professional" shall also be a qualified 
professional as defined in Subparagraph (b)(32) in 
this Rule. 

(41 ) " Restraint" means the limitation of one's 
freedom of movement. In accordance with G.S. 
122C-60, restraint includes the following: 

(A) mechanical restraint which is restraining a 
client with the intent of controlling behavior 
with mechanical devices which include, but 
are not limited to, cuffs, ankle straps, sheets 
or restraining shirts. This does not include 
handcuffs used for the purpose of escorting 
forensic clients; 

(B) physical restraint which is restraining a client 
by physically holding or subduing the client 
until he is calm. This does not refer to the 
utilization of those protective intervention 
techniques (PIT), as specified in the 
"Protective Intervention Course Manual", 
division publication APSM 80-2, relative to 
transporting a client to seclusion or isolation 
time out or applying mechanical restraints. 

(42) "Seclusion" means isolating a client in a 
separate locked room for the purpose of controlling 
a client's behavior. ]n the Forensic Division at 
Dorothea Dix Hospital, seclusion shall not include 
the routine use of locked rooms; isolation of clients 
admitted for evaluation of capacity to proceed to 
trial who are considered to be an escape risk; or 
juveniles requiring separation from adult clients. 
Seclusion shall not includ e the following in th e 
fo r ensic unit a t Do r othea Dix Hos p ital : the routine 
tree — of locked — c e lls, — isolatio n — doe — to — e scap e 
attem p ts, secu r ity r isks o r juv e nil e cou r t o r d er s 
re qui r ing th e s ep a r ation of juveniles from adults. 
(43) "State Facility Director" means the chief 
administrative officer or manager of a state facility 
or his designee. 

(44) "Strike" means, but is not limited to, hitting, 
kicking, slapping or beating whether done with a 



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part of one's body or with an object. 

(44) (45) "Timeout" means the removal of a client from 
other clients to another space within the same 
activity area for the purpose of modifying behavior. 

(45) (46) "Treatment" means the act, method, or manner 
of habilitating or rehabilitating, caring for or 
managing a client's physical or mental problems. 

(46) (47) "Treatment plan" means a written individual 
plan of treatment or habilitation for each client to 
be undertaken by the treatment team and includes 
any documentation of restriction of client's rights. 

(4?) (48) "Treatment team" means an interdisciplinary 
group of qualified professionals sufficient in 
number and variety by discipline to adequately 
assess and address the identified needs of the client. 

(48i (49)" Unit" means an integral component of a state 
facility distinctly established for the delivery of one 
or more elements of service to which specific staff 
and space are assigned, and for which responsibility 
has been clearly assigned to a director, supervisor, 
administrator, or manager. 

(49) (50) "Voluntarv client" means a person admitted to 
a state facility under the provisions of Article 5, 
Parts 2, 3, 4 or 5 of Chapter 122C of the General 
Statutes. 



change in ride is made to ensure that the target reduction in 
the hanest of weakfish is achieved. If nded in non- 
compliance, the entire weakfish fishery and any other fishery- 
taken with gear used to take weakfish could be closed in 
ocean waters. 

The Marine Fisheries Commission accepted comments from 
the public at hearings on a modification of this Rule in 
September and October of 1997. Based on the comments at 
these hearings and data gathered by the Division of Marine 
Fisheries, the temporary rule was adopted and is necessary to 
maintain compliance. 

Comment Procedures: Written comments may be submitted 
to the Marine Fisheries Commission, Attention Juanita 
Gaskill, PO Box 769. Morehead Cin; NC 28557. Comments 
will be accepted through February 1, 1998. The Marine 
Fisheries Commission will consider this Rule for adoption as 
a permanent nde at a Business Meeting scheduled- for 
February 19-20, 1998, location to be announced through a 
news release to the media. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3J - NETS, POTS, DREDGES, 
AND OTHER FISHING DEVICES 



History Note: Authority G.S. 122C-3; 122C-4; 122C-51; 

122C-53(f); 131E-67; 143B-147; 

Eff. October 1, 1984; 

Amended Eff. June 1, 1990; April 1. 1990; July 1. 1989; 

Temporary Amendment Eff. January 1^ 1998. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Rule-making Agency: Marine Fisheries Commission 

Rule Citation: 15A NCAC 3J .0202 

Effective Date: December 1, 1997 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 113-134; 113-182- 
143B-289.22 

Reason for Proposed Action: As a result of the closure to 
the area south of Cape Hatteras to flynets and the limited 
trawl season on summer flounder, fishermen are using shrimp 
trawls to target finfish. Weakfish catches in shrimp trawls, 
particularly in the area south of Cape Hatteras, have created 
a compliance issue with Amendment §3 to the Atlantic States 
Marine Fisheries Commission (ASMFC) Fishery Management 
Plan for Weakfish. In a letter dated June 3, 1997, the 
ASMFC put North Carolina on notice that the State will not 
be in compliance with the Weakfish Plan unless an effective 



SECTION .0200 - NET RULES, SPECIFIC 
AREAS 

.0202 ATLANTIC OCEAN 

In the Atlantic Ocean: 

(1) It is unlawful to use nets from June 15 through 
August 15 in the waters of Masonboro Inlet or in 
the ocean within 300 yards of the beach between 
Masonboro Inlet and a line running 138 through 
the water tank on the northern end of Wrightsville 
Beach, a distance parallel with the beach of 4,400 
yards. 

(2) It is unlawful to use trawls within one-half mile of 
the beach between the Virginia line and Oregon 
Inlet. 

(3) It is unlawful to use a trawl with a mesh length less 
than four inches in the main body, three inches in 
the extension, and one and three-fourths inches in 
the cod end or tail bag inshore of a line beginning 
at a point 34 41' 18" N - 76 : 40' 08" W on the 
western side of Beaufort Inlet Channel (the present 
location of buoy "11" QK Fl); thence westward 
parallel to and one-half mile from the ocean back to 
a point 34 : 40' 32" N - 76 : 53' 45" W off Salter 
Path. 

(4) It is unlawful to use trawl nets, including flynets, 
southwest of the 9960-Y chain 40250 LORAN C 
line (running offshore in a southeasterly direction) 
from Cape Hatteras to the North Carolina/South 
Carolina line except: 

(a) Shrimp trawls as defined in 15 A NCAC 3L 



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.0103; 

(b) Crab trawls as defined in 15 A NCAC 3L 
.0202; or 

(c) Flounder trawls as defined in 15A NCAC 
3M .0503. 

(5) It is unlawful to possess finfish (including pursuant 
to 15A NCAC 3M .0102) incidental to shrimp or 
crab trawl operations from December I through 
March 31 unless the weight of the combined catch 
of shrimp and crabs exceeds the weight of finfish: 
provided, however, it is lawful to possess an 
additional 300 pounds of kingfish (Menticirrhus. 
sp.) taken south of Bogue Inlet. 

(6) (5)It is unlawful to use unattended gill nets or block 
or stop nets in the Atlantic Ocean within 300 yards 
of the beach from Beaufort Inlet to the South 
Carolina line from sunset Friday to sunrise Monday 
from Memorial Day through Labor Day. 

(7) f6)It is unlawful to use gill nets in the Atlantic 
Ocean with a mesh length greater than seven inches 
from April 15 through December 15. 

History Note: Authority G.S. 113-134; 113-182; 

143B-289.4; 

Eff. January 1, 1991; 

Amended Eff. March 1, 1996; September 1, 1991; 

Temporary Amendment Eff. December 1. 1997. 

******************** 
Rule-making Agency: Commission for Health Senices 
Rule Citation: ISA NCAC 13B . 1301 
Effective Date: December 22, 1997 
Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 130A-309.26; 130A- 
131.10 

Reason for Proposed Action: The Commission for Health 
Services has been directed by Session Law 1997-517 to write 
a rule that requires that the disposition of a "recognizable 
fetus " be carried out by cremation or burial. The General 
Assembly directed the effective date for the law to be October 
1, 1997. 

Comment Procedures: Written comments may be submitted 
to Joan Troy, Solid Waste Section, 401 Oberlin Rd., Suite 
150, Raleigh, NC 27611-7867. It is very important that all 
interested and potentially affected persons, groups, 
businesses, associations, institutions or agencies make their 
views known to the Commission for Health Services through 
the public hearing and process for comment. 

CHAPTER 13 - SOLID WASTE MANAGEMENT 



.1301 



SUBCHAPTER 13B - SOLID WASTE 
MANAGEMENT 

SECTION .1300 - DISPOSITION OF 
FETAL REMAINS 

MANNER OF DISPOSITION OF 
FETAL REMAINS 



(a} — All facilities authoriz e d to t e rminate pregnancies, and 
all m e dical o r r e s e arch labo r ato r ies o r facilities to which th e 
remains of terminated pr egnancies arc sent by facilities 
autho r ized to terminate p re gancics, shall dispose of the 
r emains of terminated pregnanci e s by either: 

til bu r ial; 

(2) — cremation; o r 

0} incine r ation in acco r dance with 15 A NCAC 13D. 



-r^eer 

(b) The obligation to dis p ose of the r emains of terminated 
pr egnancies by a facility autho r ized to t e rminate pregnanci e s 
ceases as to any remains of terminated pregnanci e s that th e 
facility has sent to a medical o r r esearch laboratory or 
facility. 

All hospitals, other medical facilities or medical or research 
laboratories shall dispose of fetal remains by burial, 
cremation or incineration in accordance with 15A NCAC 13B 
. 1200. except that burial or cremation shall be the only 
methods of disposal of recognizable fetuses. For purposes of 
this Rule, a recognizable fetus means a fetus that has 
developed beyond completion of the second trimester of 
gestation, consistent with G.S. 90-210. 20(cl). 

History Note: Authority G.S. 130A-309.26; 130A-131.10; 

Eff. October 1, 1990; 

Temporary Amendment Eff. December 22. 1997. 



Rule-making Agency: DENR - Commission for Health 
Senices 

Rule Citation: 15A NCAC 18A .3101 - .3111 

Effective Date: November 21, 1997 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 130A-131.7; 130A- 
131.8; 130A-131.9A-G 

Reason for Proposed Action: Need to provide clarification 
and conformity with recently adopted legislation that became 
effective October 1, 1997. 

Comment Procedures: Written comments should be mailed 
to: Ed Norman, DENR-Division of Environmental Health, 
PO Box 29534, Raleigh, NC 27626-0534. 



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December 15, 1997 



1064 



TEMPORARY RULES 



CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .3100 - LEAD POISONING 
PREVENTION IN CHILDREN PROGRAM 

.3101 DEFINITIONS 

As used in this article, unless the context requires 
otherwise: 

th e elimination o r cont r ol of 



t+ 



) "Abatement" means tn e eiir 

l e ad poisoning hazards by methods app r oved by the 
D e pa r tment. 



m- 



0T- 



m- 



(5) 



irh- 



"Confi r m e d elevated blood lead level" means a 
blood lead concentration of 20 mic r og r ams p e r 
d e cilite r or g r eate r determined by the low er of two 
consecutive blood t e sts within a six month p e r iod. 
"Day care facility" means a structu r e o r st r uctu r es 
us e d as a school, nursery, child ca r e center, clinic, 
treatment cente r o r othe r facility serving th e n e eds 

of age including the 



u f children under six yea r s 

grounds, — arty — outbuildings. — o r othe r st r uctu r es 

appurtenant to the facility. 



1 ©t 



means the De p artment of 



J ep artmcnt 

Envi r onment, Health, and Natu r al Resources o r its 
autho r ized agent. 



'Dwelli 



or "Dw e lling unit" means a st r uctu r e, 



rnrg — oi — L)w e in r_ 
all o r part of which is design e d or used for human 



habitatr 



-the 



ttenr; — including — tne — common — areas, 
g r ounds, — arty — outbuildings, — ot — other — structur e s 
ap p urtenant to the dw e lling o r dwelling unit. 
(6) "Elevated blood lead level" means : 



-of — r e p orting — by 
lead — leref — of — r 



fa) Ftrr — the — p ur p os e s — 

laborato r i e s, — a — blood 

mic r og r am p e r decilit e r or g r eat e r; o r 

fb) For the pu rp os e s of investigation, 

id e ntification, — antl — notification — of — lead 
p oisoning — hazards, — a — per sist e nt — elevated 
blood lead l e vel of 15-19 micrograms pe r 
decilite r ; o r 



fe) 



-Fot the- 



•&- 



investigation. 



p u rp oses ot 

identification, notification, and abatement of 
l e ad poisoning haza r ds, a confirmed elevated 
blood — lead — level — of 20 — mic r og r ams — per 
d e cilit er o r g r eate r . 



'L e ad 



p oisoning hazard" means the pr es e nc e o 
re adily — accessible — or — mouthable — l e ad-bea r ing 
substances measu r ing — 1.0 millig r am per squar e 
centimete r o r g r eater by x-ray fluo r escence o r 0.5 
per c e nt o r g r eate r by chemical analysis; o r 400 
p a r ts p e r million o r g re ate r in soil; o r 15 p arts per 
billion — or — greater — in — d r inking — wat er: — ot — H)0 
mic r og r ams pe r squa r e foot o r greate r fo r dust on 
floo r s; — o r 500 mic r og r ams p e r squar e foot o r 
g re at er — fcrr — dust — on — window — sifte: — or — 860 
mic r og r ams pe r squar e foot o r g r eater fo r dust in 
window t r oughs. 



f 



f8i "Managing agent" — means any p e r son who has 

cha r ge, care, o r cont r ol of a building o r p art 
the re of in which dwelling units or rooming units 
a r c leased. 
'Mouthable — lead-bearing — substance" 



&T 



tm- 



im- 



means — any 

substanc e on su r faces o r fixtu r es 5 feet o r less from 
the floo r o r g r ound that form a precluding co r ner or 
similar e dg e , o r protrude Vi inch o r more f r om a 
flat wall su r face, o r ar e f r ee-standing, containing 
lead-contaminated dust at a level that constitutes a 
fead — p oisoning — hazard. — Mouthable — surfac e s — or 
fixtu re s include toys, doo r s, doo r jams, stai r s, stair 
r ails, windows, window sills, and baseboards. 
"Pe r sistent elevated blood lead level' 



means a 

blood lead concentration of 15- 1 9 micrograms p e r 
d e cilit er — determined — by — the — low e st — of — th ree 
cons e cutiv e blood tests. — The fi r st two blood tests 
shall be p erformed within a six month p eriod and 
the thi r d blood test shall b e performed at least 12 
w ee ks and not mo r e than six months afte r th e 
second blood t e st. 

ff+) "Readily accessible lead-b e aring substance" means 

any — substanc e — containing — read — at — a — level — that 
constitut e s a lead poisoning haza r d which can be 
ing e st e d o r inhaled by a child under six years of 

age: R e adily — accessible — substanc e s — includ e 

dete r io r ated — p aint — that — ts — p eeling, — chip p ing, 
c r acking, flaking, or bliste r ing to the e xtent that the 
p aint has se p arated f r om the subst r ate. — R e adily 
acc e ssibl e substances also include soil, wate r , and 
p aint that is chalking. 
'R e gula r ly visits" means pr es e nc e at a dwelling. 



dwelling unit, school, o r day care facility fo r at 
least two days a week fo r mo r e than th r ee hours p e r 
day. 

f+3-) "Su pp l e m e ntal — Add r ess" — means — a — dwelling, 

dwelling unit, school, o r day ca r e facility wher e a 
child with a p e r sistent elevat e d blood lead level o r a 
confirm e d elevated blood lead level r e gula r ly visits 
or attends. — Suppl e mental add r ess also m e ans a 
dwelling, dwelling unit, school, o r day care facility 
whe r e a child r esided, regularly visited, o r attended 
within the six months imm e diately pr eceding th e 
det e i initiation of a p e r sistent elevated blood lead 
lev e l o r a confirmed elevated blood l e ad level. 

( 1 ) "Adequately trained maintenance supervisor" is a 
person who has completed a one-day course 
approved by the Department that provides basic 
information on lead-based paint hazards and good 
practices for operations and maintenance and 
interim controls. 

(2) "Adequately trained worker" is a person who has 
either completed a one-day course approved by the 
Department that provides basic information on 
lead-based paint hazards and good practices for 
operations and maintenance and interim controls or 
has an understanding of lead-based paint hazards. 



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t 



Ql 



m 



151 



> 



I 



unsafe work practices, occupant protection, and 

dust cleanup methods by such means as on-the-job 

training and video instruction as approved by the 

Department. 

"Inspection" is a surface by surface investigation to 

determine the presence of lead-based paint and may 

include dust and soil sampling and a report of the 

results. 

"Risk assessment" is an on-site investigation of a 

residential housing unit to discover any lead-based 

paint hazards. A risk assessment includes: 

(a) an investigation of the age, history, 
management, and maintenance of the 
residential housing unit; 

(b) the number of children less than six years old 
and women of child-bearing age who are 
residents; 

(c) a visual assessment; 

(d) limited environmental sampling; and 

(e) preparation of a report identifying acceptable 
abatement, remediation, and interim control 
strategies based on specific conditions. 

"Safe work practices" are methods used to avoid 
creating lead-based paint hazards during on-site 
work that disturbs paint that may contain lead. 
Such methods include: 

(a) taking precautions to prevent the spread of 
lead-contaminated dust by limiting access to 
the work area to workers only until final 
cleanup is completed and by having workers 
remove protective clothing such as gloves 
and shoes before leaving the work area; 

(b) covering the work area including doorways 
and sealing floors, closets, and cabinets with 
heavy duty polyethylene plastic secured with 
duct tape or the equivalent: 

(c) For exterior surfaces, securing heavy duty 
polyethylene plastic on the ground from the 
foundation extending 10 feet beyond the 
perimeter of the work area: 

(d) shutting off the heating, ventilation, and 
cooling system and covering heating, 
ventilation, and cooling registers with heavy 
duty polyethylene plastic secured with duct 
tape or the equivalent: 

(e) protecting workers by providing necessary 
protective equipment, training, and cleanup 
equipment and by not allowing eating, 
drinking, chewing gum or tobacco, or 
smoking in the work area: 

(JQ protecting occupants which may include 
temporary relocation as necessary: 

(g) protecting occupants' belongings by covering 
with heavy duty polyethylene plastic secured 
with duct tape or the equivalent or by 
removing them from the work area: 

(h) misting interior painted surfaces before 



disturbing and hand scraping all loose paint. 

wallpaper, and plaster: 
lii wet sweeping and collecting and containing 

visible debris and plastic sheeting in a secure 

container; 
Iji performing specialized cleaning upon 

completion of work to remove residual dust 

and debris: 
(k) removing all materials, tools, and contained 

debris from the work area and the residential 

housing unit upon completion of 

maintenance activities: and 
£1} avoiding unsafe practices. including 

prohibited methods listed in G.S. 130A- 

131.9Qg). 

(6) "Specialized cleaning" is the use of cleaning 
protocols that have been shown to be effective in 
removing lead-contaminated dust as specified by 
the U.S. Department of Housing and Urban 
Development in the Guidelines for the Evaluation 
and Control of Lead-Based Paint Hazards in 
Housing and any. updates and revisions. 

(7) "Visual inspection" is an on-site investigation by a 
certified lead inspector or a certified lead risk 
assessor to determine the completion of abatement, 
remediation, and maintenance standard activities. A 
visual inspection may include paint, dust, and soil 
sampling, and a notification of the results. 

History Note: Authority G.S. 130A-13I.5; 130A-131.7; 

130A-131.8; 130A-131.9A-G; 

Eff. October 1, 1990; 

Transferred and Recodified from 15A NCAC 191 .0101 Eff. 

August 28, 1991; 

Transferred and Recodified from 15A NCAC 21 E .0401 Eff. 

February 18, 1992; 

Amended Eff. August 1, 1996; January 1, 1995; July 1, 1992; 

Temporary Amendment Eff. November 21. 1997. 

.3102 PERSISTENT ELEVATED BLOOD LEAD 
LEVEL 



All labo r ato r ies doing busi 



)ing b usiness in this Mate shall r e p ort to 
th e D ep artm e nt elevated blood lead l e v e ls fo r child re n less 
than six years of ag e and fo r individuals whose ages a r e 
unknown at the time of testing. R ep o r ts shall be made within 
fiv e working days aft e r t e st com p letion on forms provided by 
the De p artment o r on self-g e n er at e d forms containing : — the 
child's full name, date of bi r th, sex. r ac e , add re ss, and 
medicaid numbe r , if any; the name, add r ess, and tele p hone 
numb er of the r equesting h e alth care provide r; the name, 
add re ss, and tele p hone numbe r of the testing laboratory: th e 
laborato r y re sults, th e s p ecimen ty p e--venous o r ca p illa r y; the 
labo r ato r y sam p le number, and the dates the sam p le was 
collected and analyz e d. — Such r e p o r ts may be made by 
e l e ct r onic submissions. 

The determination of a persistent elevated blood lead level 
may be based on more than three consecutive blood lead tests 



12:12 



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December 15, 1997 



1066 



TEMPORARY RULES 



performed within the timeframe set forth in G.S. 130A-131.7 
so long as all of the consecutive blood lead test results are 
equal to J_5 micrograms per deciliter or greater. Individual 
blood lead test results in the sequence may exceed 19 
micrograms per deciliter so long as no two consecutive blood 
lead test results are equal to 20 micrograms per deciliter or 
greater. 

History Note: Authority G.S. 130.4-131.5; 130A-131.7; 
130A-131.8; 130A-131.9A-G; 

Eff. October 1, 1990; 

Transferred and Recodified from ISA NCAC 191 .0102 Eff. 

August 28. 1991; 

Transferred and Recodified from 15A NCAC 21 E .0402 Eff. 

February 18, 1992: 

Amended Eff. August 1. 1996; January 1. 1995; 

Temporal Amendment Eff. November 21. 1997. 

.3103 EXAMINATION AND TESTING 

Wh e n the De p artment has a r easonable sus p icion that a 
child less than six y e ars of ag e has a p er sistent elevated blood 
lead lev e l or a confirmed e levated blood lead level, the 



History Note: Authority G.S. 130A-131.5; 130A-131.7; 

130A-131.8; 130A-131.9A-G; 

Eff. October 1. 1990; 

Transferred and Recodified from 15A NCAC 191 .0103 Eff. 

August 28. 1991; 

Transferred and Recodified from 15A NCAC 21 E .0403 Eff. 

February 18. 1992: 

Amended Eff . August 1. 1996; 

Temporary Amendment Eff. November 21, 1997. 



.3104 



INVESTIGATION TO IDENTIFY LEAD 
POISONING HAZARDS 



rated 



tment shall require that child to be examin e d and t e st e d 
within 30 days. — The De p a r tm e nt shall requi re f r om the 



Departr 



<a) Wh e n th e D ep ar t ment l e arns of a p e r sistent elev; 
blood lead level or a confirmed elevated blood lead level, the 
De p a r tment shall conduct an investigation to identify the l e ad 

p oisoning — haza r ds — to — child r en. T-ht — De p a r tment — shall 

inv e stigat e th e dw e lling, dwelling unit, school, o r day care 
facility wh er e the child with th e per sistent elevated blood lead 
level o r the confirmed elevated blood lead level re sid e s. 

r egula r ly visits, o r attends. The De p artment shall also 

inv e stigat e the supplemental add r esses of the child who has a 
pe rsist e nt elevated blood l e ad l e v e l o r a confirmed elevated 
blood lead level. 

(bl The De p a r tment shall also conduct an investigation 



owne r , managing agent, o r tenant of the dwelling, dw e lling whe n it r easonably sus p ects that a lead p oisoning hazard to 
unit, school, o r day ca r e facility information on each child 
who r esides in. r e gularlv visits, o r attends, o r , who has 



within the p as t six months, re sid e d in, regularly visi t ed, o r 
attended the dwelling o r facility. — The information requi r ed 
shall includ e e ach child's name and date of bi r th, the names 



child r en exists in a dwelling, dwelling unit, school, o r day 
ca r e facility occu p ied, re gularly visited, or attended by a 
child less than six yea r s of age. 

(e) In conducting an investigation, the De p artm e nt may 
take sam p les of su r face mate r ials, or othe r mate r ials sus p ect e d 



and add r esses of each child's p a re nts, legal gua r dian, o r full- of containing lead, fo r analysis and t es t ing. — If sam p les arc 
tim e custodian. — The owne r , managing agent, or tenant shall taken, chemical det e rmination of the lead content of th e 
submit the r equi r ed information within 10 days of re c e i pt of 
th e r e qu e st f r om the De p a r tment. 

(a) When the Department learns of a lead poisoning hazard 
in a residential housin g unit or a child-occupied facility, the 
Department shall notify the parents of aU children less than 
six years old who reside in, regularlv visit, or attend the unit 
or facility. The notice shall advise the parents of the adverse 
health effects of lead exposure and recommend that they have 
their child examined and tested. 

(b) Examination and testing shall be required for all 
children in a residential housing unit or a child-occupied 
facility in which a lead poisoning hazard has been identified if 
any child tested who has resided in, regularly visited, or 
attended the unit or facility has an elevated blood lead level. 

(c) Notification of the need for testin g shall be repeated 
every six months until all lead-based paint hazards have been 
abated and all other lead poisoning hazards have been 
remediated. 

id) Children less than six months old are not required to be 
tested when lead poisoning hazards are identified in a 
residential housing unit or a child-occupied facility. The 
Department may require that these children be examined and 
tested within 30 days after reaching six months of age if they 
continue to reside in. regularly visit, or attend a unit or 
facility containing lead poisoning hazards. 



sam p les — srrarl — be — by — atomic — abso rp tion — s p ectrosco p y — or 
e quival e nt methods a ppr ov e d by th e De p a r tment. 

(a) Reasonable suspicion of a lead poisoning hazard to 
children may be based on the presence of the following 
characteristics: 

1 1 ) a residential housing unit or a child-occupied 
facility built before 1950. a unit or facility built 
before 1978 that contains readily accessible 
deteriorated paint, or a unit or facility built before 
1978 that is undergoing or has undergone 
renovations or remodeling within the last six 
months, unless the unit is lead-safe housing or is in 
compliance with the maintenance standard: 

(2) a child less than six years old residing in. regularly 
visiting, or attending the unit or facility: and 

(3) a referral by a local, state, or federal health or 
environmental official, building inspector, or child 
care consultant. 

(b) Notwithstanding the existence of a certificate of 
compliance with the maintenance standard, the Department 
shall investigate a residential housing unit occupied or 
regularly visited by a child less than six years old who has a 
persistent elevated blood lead level or confirmed lead 
poisoning. 

(c) The Department may upon request conduct an 



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12:12 



TEMPORARY RULES 



investigation to identify lead poisoning hazards at a proposed 
or substitute residential housing unit of a child less than six 
years old with a persistent elevated blood lead level or 
confirmed lead poisoning who is seeking alternative housing. 

History Note: Authority G.S. 130A-131.5; 130A-131.7; 

130A-131.8; 130A-131.9A-G; 

Eff. October 1, 1990; 

Transferred and Recodified from 15A NCAC 191 .0104 Eff. 

August 28, 1991; 

Transferred and Recodified from 15A NCAC 21 E .0404 Eff. 

February 18, 1992; 

Amended Eff. August 1, 1996; 

Temporary Amendment Eff. November 21. 1997. 

.3105 LEAD POISONING HAZARD AND 

CLEARANCE STANDARD FOR SOIL 

Upun determination that a lead poisoning hazard exists, the 
Depar t ment shall give writt e n notice of the lead p oisoning 
hazard t o the owne r o r managing agent of the dwelling, 
dwelling unit, school o r day care facility and to all p e r sons 
residing in o r attending the dwelling o r facili t y. The w r itten 
no t ice t o the owne r o r managing agent shall include a lis t of 
possible methods of abatemen t of the lead poisoning haza r d. 

(a) Bare soil at a residential housing unit or a child- 
occupied facility is a lead poisoning hazard when: 

(1) it contains 400 parts per million lead or greater in 
high contact areas for children including 
sandboxes, gardens, play areas, pet sleeping areas, 
and areas within 3 feet of a residential housing unit 
or a child-occupied facility; 

(2) it contains 2000 parts per million lead or greater in 
other locations at a residential housing unit or a 
child-occupied facility where contact by children is 
less likely: or 

(3) it is determined by the Department to be hazardous 
to children less than six years old pursuant to 15 
USC §§ 2681 et seq.. 42 USC 33 4851 et seq. and 
the regulations promulgated under these Sections. 

(b) Unless otherwise determined by the Department on the 
basis of credible site-specific evidence including soil lead 
bioavailability, speciation. or particle size, land use and 
condition, or epidemiologic or other relevant scientific data. 
all remediation plans pursuant to G.S. 130A-131.9C shall 
require that: 

(1) bare soil lead concentrations of 400 parts per 
million or greater and less than 5000 parts per 
million at a residential housing unit or a child- 
occupied facility in high contact areas for children 
including sandboxes, gardens, play areas, pet 
sleeping areas, and areas within 3 feet of the unit or 
facility be: 

(A) permanently covered with four to six inches 
of gravel, mulch, or sod with a vegetative 
cover: 

(B) physically restricted by a permanent barrier: 

(C) removed: or 



(D) paved over with concrete or asphalt: 

(2) bare soil lead concentrations of 2000 parts per 
million or greater and less than 5000 parts per 
million in other locations at a residential housing 
unit or a child-occupied facility be: 

(A) permanently covered with four to six inches 
of gravel, mulch, or sod with a vegetative 
cover; 

(B) physically restricted by a permanent barrier: 

(C) removed: or 

£PJ paved over with concrete or asphalt: 

(3) bare soil lead concentrations of 5000 parts per 
million or greater at a residential housing unit or a 
child-occupied facility must be removed or paved 
with concrete or asphalt; and 

(4) ground coverings such as gravel, mulch, sod, or 
other vegetative covers must be properly installed, 
established, and maintained. 

History Note: Authority G.S. 130A-131.5; 130A-131.7; 

130A-131.8; 130A-131.9A-G; 

Eff. October 1, 1990; 

Transferred and Recodified from 15 A NCAC 191 .0105 Eff. 

August 28, 1991; 

Transferred and Recodified from 15 A NCAC 21 E .0405 Eff. 

February 18, 1992; 

Amended Eff. August 1, 1996; January 1, 1995; 

Temporary Amendment Eff. November 21, 1997. 

.3106 ABATEMENT AND REMEDIATION 

(a) Upon de t ermination that a child less than six yea r s of 
age — has — a confirmed eleva t ed blood — lead level — of 20 
micrograms per d e cilit er o r g re at e r and that child re sid e s in, 
a tt ends, o r r egula r ly visits, a dwelling, dwelling unit, school 



-the 



a tt ends, o r r egula r ly visits, a dwelling, dwelling unit, sc 
o r day car e facility containing lead p oisoning hazards. 
De p a r tment shall r e quire abat e m e nt of th e l e ad p oisoning 
haza r ds. The De p artment shall also r equi r e the abatement of 
the lead p oisoning hazards id e ntifi e d at th e su pp l e mental 
add r esses of a child less than six yea r s of age with a 
confirm e d elevated blood lead level of 20 mic r ograms p er 
decilite r o r g r eate r . 

(b) When abatement is r equi r ed unde r Pa r ag r a p h (a) of this 
Rul e , th e owne r o r managing agent shall submit a w r itten 
lead p oisoning haza r d abatement p lan to the De p artment 
within — 14 days of recei pt of th e l e ad poisoning haza r d 
notification and shall obtain w r itt e n a ppr oval of th e p lan prio r 
to initiating abatement. The lead p oisoning haza r d abatement 
p lan shall comply with Paragraphs (g), (h), and (i) of this 
Rtrre-r 

re) — If th e abat e m e nt p lan submitt e d fails to m ee t th e 
r equir e m e nts of this Rule, th e De p artm e nt shall issue an 



abat e ment — ord e r — rt 



submission — of — a — modified 



r e qui r ing 

abatement p lan. — The orde r shall indicate the modifications 
which shall be made to the abatement plan and the date by 
which the p lan as modifi e d shall be submitt e d to D e partm e nt. 
(tr) — If the own er o r managing ag e n t do e s not submit an 
abatement p lan within 14 days, the De p a r tment shall issue an 



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1068 



TEMPORARY RULES 



abatement orde r r equiring submission of an abat e men t p lan 
within five days of recei p t of the o r de r . 

tci The owner or managing agent shall notify the 

Depa r tment and the occu p ants of the dates of abatemen t 
activities at least three days prior to the commencement of 
abatement activities. 

(f) — Abatement shall be completed within 60 days of the 

Department's a ppr oval of the abatem e nt p lan. If the 

abatement activities are not com p leted within 60 days as 
r e qui r ed, the Department shall issue an order requiring 
completion of abatement activities. — An owne r or managing 
ag e nt may a pp ly to the Department fo r an ext e nsion of the 
deadli n e for abatement. The D e partment may issue an o r de r 
extending the deadline fo r 30 days u p on p ro p e r written 
application by the owner o r managing agent. 

(g) The following methods of abatem e nt of lead p oisoning 
hazards in paint are prohibited : 



Hi stri pp ing pamt on-site 

chloride-based solutions; 
(2) torch o r flame burning; 



with methylene 



$3j h e ating paint wi 

Fah r enheit : 



th a heat gun above 1100 deg r ees 



t+r- 






covering with new p aint or wall p ap e r unless all 

re adily — acc e ssible — lead-based — paint — has — been 

removed; 

uncontrolled abrasive blasting; o r 

uncontrolled waterblasting. 



(h) All lead-containing waste and r e sidue of the abatement 
of lead shall be r e moved and dis p osed of by the p e r son 
p e rforming the abatement in acco r dance with applicable 
fede r al, state, and local laws and rules. 

ft) All abatement p lans shall r equi r e — that the lead 

p oisoning hazards b e r e duced to below the following levels: 

Hi Floor lead dust levels ar e less than 100 mic r og r ams 

p er square foot; 

<-2j Window sill lead dust levels a r e l e ss than 500 

mic r og r ams p e r squa r e foot; 

{3} Window t r ough lead dust levels a r c less than 800 

mic r og r ams p e r squar e foot ; 

(4) Soil lead l e v e ls arc less than 400 p ans per million; 

and 

f5i Drinking wate r 

billion. 



l e ad l e v e ls l e ss than 15 p arts p e r 



-that 



tji — The De p artm e nt shall v er ify by visual ins p ection 

th e a p prov e d abatement p lan has been com p l e t e d. The 

D ep a r tm e nt may also verify plan com p letion by residual lead 
dust monito r ing — and — strrl — o r drinking wate r lead — revet 
m e asu re m e nt. 

(a) Notwithstanding the existence of a certificate of 
compliance, the Department may require abatement of lead- 
based paint hazards and remediation of other lead poisoning 
hazards identified at a residential housing unit that is 
occupied or regularly visited by a child less than six years old 
who has confirmed lead poisoning when: 

( 1 ) a visual inspection reveals that the owner or 
managing agent has failed to continue to comply 
with the maintenance standard: or 



(2) the blood lead level of a child with confirmed lead 
poisoning increases on two consecutive blood tests 
within a six-month period. 

(b) When compliance with the maintenance standard is 
used to meet remediation requirements, maintenance standard 
activities must be conducted in accordance with an approved 
remediation plan in accordance with G.S. 130A-131.9C. The 
remediation plan must address all lead poisoning hazards 
identified on interior and exterior surface s including floors, 
walls, ceilings, windows, porches, decks, garages, railings, 
steps, and bare soil. 

(c) Abandonment of a residential housing unit or a child- 
occupied facility is an acceptable method of remediation. A 
remediation plan of abandonment shall contain a statement 
that the owner or managing agent agrees to submit a modified 
remediation plan to the Department at least 14 days before the 
abandoned unit or facility is reoccupied if the property will be 
used as a residential housing unit or a child-occupied facility. 
The lead-based paint hazards must be abated and other lead 
poisoning hazards must be remediated in accordance with an 
approved remediation plan. Nothing in this rule shall be 
construed as authorizing an owner or managing agent to evict 
an occupant of a residential housing unit in violation of G.S. 
42. 

(d) Demolition of a residential housing unit or a child- 
occupied facility is an acceptable method of remediation. The 
remediation plan shall indicate containment measures for 
lead-contaminated dust and soil, and storage and disposal 
methods for lead-contaminated construction debris. The 
owner or managing agent must notify the Department and the 
occupants of any adjacent unit or facility of the dates of 
demolition at least three days prior to commencement of 
demolition. 

History Note: Authority G.S. 130A-131.5; 130A-131.7; 
130A-131.8; 130A-131.9A-G; 

Eff. January 1, 1995; 

Amended Eff. September!, 1996; 

Temporary Amendment Eff. November 21. 1997. 

.3107 MAINTENANCE STANDARD 

(a) Using safe work practices: 

( 1 ) repair and repaint deteriorated paint on interior 
surfaces of a residential housing unit and correct 
the cause of deterioration including structural 
conditions causing water infiltration, interior 
moisture, and poor paint adhesion: 

(2) for pre- 1950 single family and duplex residential 
housing units, both interior and exterior surfaces 
including all walls, ceilings, windows, porches, 
decks, garages, railings, and steps must be repaired 
and repainted and the causes of deterioration 
corrected. In addition, a vegetative cover must be 
established and maintained in areas of bare soil 
within three feet of the residential housing unit. 

(b) Use specialized cleaning on interior horizontal surfaces 
to remove dust that may contain lead. 



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(c) Correct conditions in which painted surfaces are 
rubbing, binding, or being damaged to protect the integrity of 
the paint and to prevent the generation of lead dust. 

(d) Steam shampoo carpets or use other specialized 
cleaning methods to remove dust that may contain lead. 

(e) Provide smooth and cleanable interior horizontal 
surfaces by. recoating deteriorated hardwood floors with a 
durable coating, replacing or recovering worn-out linoleum 
floors, making interior window sills smooth and cleanable. 
capping window troughs with vinyl or aluminum coil stock. 
and providing drainage from storm window frames. 

(f) Provide occupants with the Environmental Protection 
Agency-developed pamphlet "Protect Your Family from Lead 
in Your Home", any summaries of reports prepared by a 
certified lead inspector or a certified lead risk assessor on 
lead-based paint hazards, an educational pamphlet developed 
by the Department describing the maintenance standard and 
the effects of compliance on the owner, and information 
related to previous certificates of compliance issued. 

History Note: Authority G.S. 130A-131.5; 130A-131.7; 

130A-131.8; 130A-131.9A-G; 

Temporary Adoption Eff. November 21. 1997. 

.3108 APPLICATION AND ISSUANCE OF 
CERTIFICATE OF COMPLIANCE 

(a) Written application for a certificate of compliance shall 
be made by an owner or managing agent on a form and in a 
manner prescribed by the Department and shall include a 
copy of the tax record or other documentation indicating the 
date of construction of the residential housing unit. 

(b) To obtain a certificate of compliance with the 
maintenance standard, an owner or managing agent shall 
comply with the provisions of G.S. 130A-131. G.S. 130A- 
31.9E and these Rules. 

(c) Proof of compliance shall include: 

(1) a sworn statement by the owner or managing agent 
that all work was conducted by adequately trained 
workers under the on-site supervision of an 
adequately trained maintenance supervisor: 

(2) a sworn statement by the occupants, if any 



01 



m 



acknowledging that information was provided as 
required under G.S. 130A-131.7 and these Rules: 
a written summary in a manner prescribed by the 
Department of the visual inspection conducted by a 
certified lead inspector or a certified lead risk 
assessor: and 

laboratory measurements of at least two composite 
dust samples, one each from floors and either 
interior window sills or window troughs, collected 
by a certified lead inspector or a certified lead risk 
assessor indicating the absence of dust that 
constitutes a lead poisoning hazard. Each composite 
sample must contain no more than four subsamples 
including a bedroom, a playroom, a den, and a 
kitchen. All samples must be analyzed by a 
laboratory recognized by the U.S. Environmental 



Protection Agency pursuant to section 405(b) of the 
Toxic Substances Control Act as being capable of 
performing analyses for lead in paint, dust, and soil 
samples, or a laboratory otherwise approved by the 
Department. 

(d) The Department shall issue a certificate of compliance 
within 30 days after receipt of proof of compliance unless the 
residential housing unit has been designated for on-site 
monitoring by the Department. If the residential housing unit 
has been selected for on-site monitoring, the certificate of 
compliance shall be issued within 30 days after the 
Department has verified compliance with G.S. 130A-131.7 
and these Rules by a visual inspection. The visual inspection 
shall occur within 30 days after receipt of the application for 
a certificate of compliance. 

(e) The certificate of compliance shall be signed, dated, 
and issued by the Department. The certificate shall state the 
date of issue, the date of expiration, and the address of the 
residential housing unit. 

(f) The certificate of compliance shall expire one year from 
the date of its issuance. 

(g) The owner or managing agent shall notify the 
Department and the occupants of a residential housing unit 
three days prior to commencing maintenance, renovation, or 
remodeling activities that occur after a certificate of 
compliance is issued but before the certificate expires. Such 
activities shall be performed using safe work practices. 

(h) The Department shall notify the occupants at the time a 
certificate of compliance is issued or reissued. Such 
notification shall include an educational pamphlet describing 
the maintenance standard and the effects of compliance on the 
owner and the lead poisoning hazard information package 
described in these Rules. 

History Note: Authority G.S. 130A-131.5; 130A-131.7; 

130A-131.8: 130A-131.9A-G; 

Temporary Adoption Eff. November 21. 1997. 

.3109 REVOCATION AND DENIAL OF 
CERTIFICATE OF COMPLIANCE 

(a) The Department may deny or revoke a certificate of 
compliance when: 

(1) the Department finds failure or refusal to comply or 
maintain compliance with G.S. 130A-131.7 or 
these Rules: 



risk £21 



Lli 

mi 



the Department finds that the information submitted 
by the owner or managing agent is incomplete or 
falsified: or 

the Department is denied entry by the owner or 
managing agent to conduct a visual inspection. 
The Department shall give notice of denial or 
revocation to the owner or managing agent within 30 days 
after receipt of the application for a certificate of compliance. 
or within 30 days after the Department was denied entry by 
the owner or managing agent to conduct a visual inspection. 
or within 30 days after the Department finds that the owner 
or managing agent failed to comply or maintain compliance 



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1070 



TEMPORARY RULES 



with the provisions of G.S. 130 A- 13 1.7 or these Rules, 

(c) The notice of denial or revocation of a cenificate of 
compliance shall be in writing and shall set forth the grounds 
for the denial or revocation. 

(d) The notice of denial or revocation shall indicate that 
the owner or managing agent has the right to appeal the 
denial or revocation in accordance with G.S. 130A-24(al). 

(e) The notice of denial or revocation shall be sent by 
certified mail return receipt requested or bj; a method 
approved by the Department. 

History Note: Authority G.S. 130A-131.5; 130A-131.7; 

130A-131.8; 130A-131 .9A-G; 

Temporal Adoption Eff. November 21. 1997. 

.3110 MONITORING 

(a) The Department shall monitor the validity of 
information submitted by owners who seek certificates of 
compliance with the maintenance standard. 

(b) Monitoring activities shall include a review of 
application materials submitted and may include on-site 
compliance monitoring to verify the accuracy and adequacy of 
the information provided. 

(c) The Department shall design and implement a plan to 
conduct visual inspections of up. to 50 percent of the 
residential housing units for which applications are submitted 
for certificates of compliance with the maintenance standard. 

(d) For residential housing units subject to abatement and 
remediation requirements, the Department shall conduct 
visual inspections and residual lead dust monitoring to verify 
continued compliance with the maintenance standard annually 
and at any other time the Department deems necessary to 
carry out the provisions of G.S. 130A-131.7. G.S. 130- 
131. 9A. G.S. 130A-131.9C. G.S. 130A-131.9E or these 
Rules. 

History Note: Authority G.S. 130A-131.5; 130A-131.7; 

130A-131.8; 130A-131.9A-G: 

Temporary Adoption Eff. November 21. 1997. 

.3111 RESIDENT RESPONSIBILITIES 

When a child less than six years old has an elevated blood 
lead level of 10 micrograms per deciliter or greater, the 
Department shall provide to the owner or managing agent and 
the parents or legal guardians of the child a lead poisoning 
hazard information package. The information provided shall 
comply with the provisions of G.S. 130A-131.9G. 

Histon Note: Authority G.S. 130A-131.5: 130A-131.7; 

130A-131.8; 130A-131.9A-G; 

Temporary Adoption Eff. November 21. 1997. 



Rule Citation: 16 NCAC 6G .0501 

Effective Date: November 14, 1997 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 115C-238.29F(c)(l) 

Reason for Proposed Action: The State Board of Education 
adopted this Rule to implement sec. 5 of SL 1997-430, which 
requires the Board to adopt rules to specify the types and 
amounts of liability insurance coverage that charter schools 
must obtain. 

Comment Procedures: Questions or written comments 
regarding this matter may be directed to Harry E. Wilson, 
Rule-Making Coordinator, 2086 Education Building, 301 N. 
Wilmington St., Raleigh, NC 27601-2825: (919) 715-1310. 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6G - EDUCATION 
AGENCY RELATIONS 

SECTION .0500 - CHARTER SCHOOLS 

.0501 LIABILITY INSURANCE 

(a) Each charter school shall obtain the following types 
and amount of liability insurance coverage: 

(1) errors and omissions: one million dollars 

(SI .000.000) per claim: 
{2} general liability: one million dollars (SI .000.000) 

per occurrence: 

(3) boiler and machinery: the replacement cost of the 
building: 

(4) real and personal property: the appraised value of 
the building and contents: 

(5) fidelity bonds: the amount of funds received by the 
charter school in the previous fiscal year from state 
and local sources: 

(6) automobile liability: one million dollars 
(SI .000.000) per occurrence: and 

(7) workers' compensation: as specified by G.S. 97. 

(b) The provisions of this Rule shall not preclude any 
charter school from obtaining liability insurance coverage in 
addition to or in excess of the requirements of this Rule. 

History Note: Authority G. S. 1 15C-238. 29F(c) (1); 
Temporary Adoption Eff. November 14, 1997. 



TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

Rule-making Agency: State Board of Education 



TITLE 26 - OFFICE OF ADMINISTRATIVE 
HEARINGS 

Rule-making Agency: Office of Administrative Hearings 



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TEMPORARY RULES 



Rule Citation: 26 NCAC 4 .0101, .0201 - .0204 

Effective Date: January 1, 1998 

Findings Reviewed and Approved by: James P. Cain 

Authority for the rule-making: G.S. 7A-751(a) 

Reason for Proposed Action: The Office of Administrative 
Hearings adopted these temporary rules to implement Section 
2 of SL 1997-520 which granted the authority to the Civil 
Rights Division of the Office of Administrative Hearings to 
investigate and to determine probable cause in alleged 
political discrimination complaints. 

Comment Procedures: Written comments concerning this 
rule-making should be directed to Susana Honeywell, Rule- 
making Coordinator, PO Drawer 27447, Raleigh, NC 27611- 
7447 or fax comments to 919-733-3407 to the attention of 
Susana Honeywell. 

CHAPTER 4 - CIVIL RIGHTS DIVISION 

SECTION .0100 - GENERAL 

.0101 INTRODUCTION 

fa) — The Equal Em p loymen t O pport uni t y C o mmissi o n 
(EEOC) has designated the No rt h Car o lina S t a t e Office of 
Adminis t rative Hearings as a 706 Defe rr al Agency. — The 
North Carolina General Assembly has designated t he Office 
o t " Administ r ative Hearings as the S t a te 's 706 Deferral 
Agency in G.S. 7A-75 9 . 

(b) The Office of Administ r a t ive Hearings (OAH) aece p ts 
defer r al by t he EEOC o f t he following classes of charg e s fil e d 
with the EEOC in No rt h Car o lina: All charges alleging race, 



colo r , sex, r cl 



»in discrimina t ion in 



em p loymen t , 
dt 



lgion, age or nati o nal o ngi 

o r re talia t ion fo r o pp osi t ion to such alleged 



senmination, filed by previous and cu rr en t s t ate employees 
or a p plicants fo r e m p loyment wh o we r e or ar e subje c t t o 
N o rth Carolina General Sta t u t es Section 126-16 and which 
hav e b ee n fil e d with th e EEOC within the time limits se t 
fo r th in 2 9 C.E.R. 1601.13 and 2 9 C.E.R. 1626.7(b). 

(c) The Civil Rights Division is t he unit within the Office 
of Adminis tr a t ive Hearings charg e d with the r esponsibility of 
carrying out the inv e s t igations and concilia t ions of defe rr ed 
charg e s. 

fd) The Civil Rights Division wrtt shall process all 
deferred charges in accordance with a pp licable administrativ e 
r ules, policies, guidelin e s and standa r ds pr omulgated by 
EEOC. 

ip) The the Federal regulations implementing Title VII of 
the Civil Rights Act of 1 96 4 o r 1964. the Age Discrimination 
in Employment Act — or Act, and the Americans with 
Disabilities Act both and which are published in 29 C.F.R., 
Parts 900 through 1899 a r e adopted and are hereby 
incorporated by reference to include subsequent amendments. 
Copies of 29 C.F.R.. Pans 900 through 1899 are available at 



a cost of twenty-one dollars ($21.00) from the Government 
Printing Office. Superintendent of Documents. Attn. New 
Orders. PO Box 371954. Pittsburgh. PA 15250-7954. and 

shall gove r n the pr ocessing of defe rre d charg e s. This 

ado p tion is in acco r dance wi t h G.S. 150D-14(c). 

History Note: Filed as a Temporary Rule Eff. October 15, 

1986 for a Period of 120 Days to Expire on February 11, 

1987; 

Authority G.S. 7A-751; 7A-759; 

Eff. February' L 1987; 

Amended Eff. July 1, 1989; 

Temporal Amendment Eff. January 1. 1998. 

SECTION .0200 - POLITICAL 
DISCRIMINATION COMPLAINTS 



.0201 DEFINITIONS 

In addition to the definitions in G.S. 



126-14.2. the 
following definitions apply to this Section: 

(1) "Complainant" means a state employee or applicant 
for initial state employment who files a political 
discrimination complaint with the Civil Rights 
Division of the Office of Administrative Hearings 
according to G.S. 126-14.4. 

(2) "Complaint" means a proceeding pursuant to this 
Section to resolve a dispute between an agency and 
another person that involves alleged political 
discrimination. 

(3) "File or filing" a political discrimination complaint 
means to place the paper or document to be filed 
into the care, custody and acceptance of the Civil 
Rights Division. 

(4) "No Probable Cause Determination" means the 
Civil Rights Division concludes that a violation of 
G.S. 126-14.2 has not occurred. 

(5) "Probable Cause Determination" means the Civil 
Rights Division concludes that a violation of G.S. 
126-14.2 has occurred. 

(6) "Respondent" means a state, county, or local 
agency or department subject to Chapter 126 
against whom a political discrimination complaint 
is filed. 

(7) "Serve or Service" means personal delivery or 
delivery by first class United States Postal Service 
Mail or a licensed overnight express mail service, 
postage prepaid and addressed to the person to be 
served at his or her last known address. Service by 
mail or overnight express mail is complete upon 
placing the item to be served, enclosed in a wrapper 
addressed to the person to be served in an official 
depository of the United States Postal Sen' ice or 
upon delivery, postage prepaid and wrapped in a 
wrapper addressed to the person to be served to an 
agent of the overnight express mail service. 



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December 15, 1997 



1072 



TEMPORARY RULES 



(8) "Third Party" means the person who has been 
allegedly hired or promoted in violation of G.S. 
126-14.2. 



History Note: Authority G.S. 7A-751: 126-14.4: 150B-2; 
Tempo ran Adoption Eff. January L. 1998. 

.0202 CONTENT AND FILING PROCEDURES 

(a) Forms for filing political discrimination complaints 
may be obtained from the Civil Rights Division. PO Drawer 
27447. Raleigh. NC 27611-7447 or 919-733-0431. Any 
person wishing to file a complaint of alleged political 
discrimination shall address the complaint to: 

Director of Civil Rights Division 

PO Drawer 27447 

Raleigh. NC 2761 1-7447 

(b) The complainant may file a political discrimination 
complaint and related documents bv facsimile (fax) 
transmission durin g regular office hours as defined in 26 
N'CAC L 0102. The faxed complaints and documents will 
be deemed a "filing" w ithin the meaning of 26 N'CAC 4 
.0201(3) provided the original complaint or documents are 
received bv the Civil Rights Division within five business 
days following the faxed transmission. 

(c) The complaint shall include the following information: 

( 1 ) Full name, address and telephone number (work 
and home) of person making the complaint: 

(2) Full name, address and telephone number of the 
agency against whom the complaint is made (the 
respondent): 

(3) The basis of the complaint (hiring or promotion): 



(4) The date the alleged discrimination occurred: 

(5) The name(s) of the individual(s) hired or 
promoted: 

(6) A statement disclosing the particulars of the 
employment decision: 

(7) The signature of the person making the complaint: 
and 

(8) The date the complainant signed the complaint. 

History Note: Authority G.S. 7A-751; 126-14. 4; 
Temporary Adoption Eff. January L_ 1998. 

.0203 TIME 

Unless otherwise provided in the Rules of the Office of 
Administrative Hearings or in a specific statute, time 
computations in political discrimination complaints before 
the Civil Rights Division shall be governed b_x G.S. 1A-1. 
Rule 6. 

History- Note: Authority G.S. 7A-751: 126-14.4: 
Temporary Adoption Eff. January 1^ 1998. 

.0204 INITIAL DETERMINATION 

The initial determination of probable cause or no probable 
cause shall be issued by the Director of the Civil Rights 
Division within 30 days of the filing of the complaint and 
forwarded to the complainant, respondent and the third party. 



( 



History Note: Authority G.S. 7A-751; 126-14.4; 
Temporary Adoption Eff. January L, 1998. 



I 



♦ 



1073 



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12:12 



RULES REVIEW COMMISSION 



) 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. December 18. 
1997. 10:00 a.m.. at 1307 Glenwood Ave., Assembly Room, Raleigh, NC Anyone wishing to submit written comment 
on anv rule before the Commission should submit those comments to the RRC staff, the agency, and the individual 
Commissioners by Monday. December 15. 1997. at_ 5:00p.m. Specific instructions and addresses may be obtained from 
the Rules Review Commission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff 
and the agency at least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Philip O. Redwine - Chairman 

Jim Funderburke 

Vernice B. Howard 

Teresa L. Smallwood 

David Twiddy 



Appointed by House 

Paul Powell - Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 

Anita White 



RULES REVIEW COMMISSION MEETING DATES 



December 18, 1997 
January 15, 1998 



February 19,1998 
March 19, 1998 



MEETING DATE: DECEMBER 18, 1997 

LOG OF FILINGS 

RULES SUBMITTED: OCTOBER 20, 1997 THROUGH NOVEMBER 20, 1997 



AGRICULTURE/NC BOARD OF AGRICULTURE 






Labeling 


2NCAC48D .0103 


Amend 


Meat Facilities Requirements 


2 NCAC 52A .0104 


Amend 


Poultry Facilities 


2 NCAC 52A .0105 


Repeal 


Construction of Meat Plants 


2 NCAC 52A .0106 


Amend 


Labeling Meat 


2 NCAC 52A .0107 


Amend 


Sanitation Handbook 


2NCAC52A .0108 


Amend 


Inspection Manual 


2NCAC52A .0109 


Amend 


Certain Standards Adopted 


2NCAC52D .0101 


Amend 



DHHS/MH/DD/SS 



Schedule II 



10 NCAC 45H .0203 



Amend 



DEPARTMENT OF INSURANCE 

Viatical Settlement 



11 NCAC 12 .1703 



JUSTICE/NC SHERIFFS' EDUCATION & TRAINING STANDARDS COMMISSION 

Location 12 NCAC 10B 

Procedures 12 NCAC 10B 

Sanctions for Violations 12 NCAC 10B 

Suspension 12 NCAC 10B 

Summary Suspensions 12 NCAC 10B 



Evaluation for Training Waiver 



12 NCAC 10B .0505 



Amend 



0101 


Amend 


0107 


Amend 


0202 


Amend 


0204 


Amend 


0206 


Amend 


0505 


Amend 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1074 



RILES REVIEW COMMISSION 



Detention Officer 


12 NCAC 10B .0601 


Amend 


Evaluation for Training Waiver 


12 NCAC 10B .0603 


Amend 


Completion of Detention Officer 


12 NCAC 10B .0605 


Amend 


Administration 


12 NCAC 10B .0702 


Amend 


Administration 


12 NCAC 10B .0703 


Amend 


Responsibilities 


12 NCAC 10B .0704 


Amend 


Certification 


12 NCAC 10B .0705 


Amend 


Terms and Conditions 


12 NCAC 10B .0706 


Amend 


Suspension 


12 NCAC 10B .0707 


Amend 


Accreditation 


12 NCAC 10B .0801 


Amend 


Accreditation 


12 NCAC 10B .0802 


Amend 


Certification 


12 NCAC 10B .0903 


Amend 


Limited Lecturer Certification 


12 NCAC 10B .0908 


Amend 


Terms and Conditions 


12 NCAC 10B .0909 


Amend 


Use of Guest Participants 


12 NCAC 10B .0910 


Amend 


Suspension 


12 NCAC 10B .0911 


Amend 


General Provisions 


12 NCAC 10B .1002 


Amend 


Intermediate Law Enforcement 


12 NCAC 10B .1004 


Amend 


Advanced Law Enforcement 


12 NCAC 10B .1005 


Amend 


How to Apply 


12 NCAC 10B .1006 


Amend 


General Provisions 


12 NCAC 10B .1202 


Amend 


Intermediate Detention Officer 


12 NCAC 10B .1204 


Amend 


Advanced Detention Officer 


12 NCAC 10B .1205 


Amend 


How to Apply 


12 NCAC 10B .1206 


Amend 


LABOR/OSHA 






Purpose 


13 NCAC 16 .0101 


Amend 


Forms 


13 NCAC 16 .0102 


Repeal 


Definitions 


13 NCAC 16 .0103 


Adopt 


Preoccupancy Inspections 


13 NCAC 16 .0201 


Amend 


Migrant Housing Certificate 


13 NCAC 16 .0202 


Amend 


Certification Denied 


13 NCAC 16 .0203 


Repeal 


Contesting Denial 


13 NCAC 16 .0204 


Repeal 


Issuance of Certificates 


13 NCAC 16 .0205 


Repeal 


Posting Requirements 


13 NCAC 16 .0206 


Repeal 


Repeat Preoccupancy Visits 


13 NCAC 16 .0207 


Repeal 


Enforcement Visits 


13 NCAC 16 .0208 


Repeal 


Provisional Occupancy 


13 NCAC 16 .0301 


Repeal 


Provisional Occupancy Denied 


13 NCAC 16 .0302 


Repeal 


Inspection 


13 NCAC 16 .0303 


Repeal 


Enforcement Inspections 


13 NCAC 16 .0401 


Adopt 


Citations and Penalties 


13 NCAC 16 .0402 


Adopt 


Appealing Non-Issuance 


13 NCAC 16 .0501 


Adopt 


Appealing Violations 


13 NCAC 16 .0502 


Adopt 


DENR/ENVIRONMENTAL MANAGEMENT COMMISSION 






Corrective Action 


15ANCAC2L .0106 


Amend 


Risk Based Assessment 


15ANCAC2L .0115 


Adopt 


General 


15A NCAC 2N .0701 


Amend 


Corrective Action Plan 


15A NCAC 2N .0707 


Amend 


Cleanup Costs 


15A NCAC 2P .0402 


Amend 


DENR/COASTAL RESOURCES COMMISSION 






General Definitions 


15A NCAC 7H .0106 


Amend 


Estuarine and Ocean System 


15ANCAC 7H .0201 


Amend 


Significance of the Systems 


15A NCAC 7H .0202 


Amend 


AECs within the Estuarine 


15A NCAC 7H .0204 


Amend 



1075 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



RULES REVIEW COMMISSION 



) 



Coastal Wetlands 


15A NCAC 7H .0205 


Amend 


Estuarine Waters 


15A NCAC 7H .0206 


Amend 


Use Standards 


15A NCAC 7H .0208 


Amend 


Declaration of General Policy 


15ANCAC7M .1201 


Adopt 


Policy Statements 


15ANCAC7M .1202 


Adopt 


COMMISSION FOR HEALTH SERVICES 






Scope of Delegated Authority 


15A NCAC 18A .2301 


Amend 


Eligibility 


15A NCAC 18A .2302 


Amend 


Delegation of Authority 


15A NCAC 18A .2303 


Amend 


Lapsed Delegations 


15A NCAC 18A .2304 


Amend 


Agents Serving as Contractors 


15A NCAC 18A .2305 


Amend 


Evaluation 


15A NCAC 18A .2307 


Amend 


Denial 


15A NCAC 18A .2308 


Adopt 


Re-Authorization 


15A NCAC 18A .2309 


Adopt 


Appeals Procedures 


15A NCAC 18A .2310 


Adopt 


Determination of Financial Eligibility 


15A NCAC 24A .0202 


Amend 



NC LICENSING BOARD FOR GENERAL CONTRACTORS 

Classification 



21 NCAC 12 .0202 



Amend 



NC MEDICAL BOARD 



Definitions 

Advanced Life Support 
Program Approval 
Approval Requirements 
Hospital Involvement 
Plan for Participating Hospitals 
Sponsor Hospital 
Educational Programs 
Emergency Medical Technician 
Emergency Medical Technician 
Mobile Intensive Care Nurse 
ALS Professional Performance 
Emergency Medical Technician 
Emergency Medical Technician 
Emergency Medical Technician 
Physician Assistant 
Certification Requirements 
Certification Requirements 
Approval Requirements 
Certification Requirements 
Certification Requirements 
Certification Requirements 
Approval Requirements 
Aeromedical Medical Crew 
Grounds for Denial 
Procedures for Denial 
Required Forms 
Conditions 
Air Ambulance Program 



21 NCAC 32H 


.0102 


Amend 


2 1 NCAC 32H 


.0201 


Amend 


21 NCAC32H 


.0202 


Amend 


21 NCAC32H 


.0203 


Amend 


21 NCAC32H 


.0301 


Amend 


21 NCAC32H 


.0302 


Amend 


21 NCAC32H 


.0303 


Amend 


21 NCAC32H 


.0401 


Amend 


21 NCAC32H 


.0402 


Amend 


21 NCAC32H 


.0403 


Amend 


21 NCAC32H 


.0404 


Amend 


21 NCAC 32H 


.0405 


Amend 


21 NCAC32H 


.0406 


Repeal 


21 NCAC32H 


.0407 


Amend 


21 NCAC32H 


.0408 


Amend 


21 NCAC32H 


.0409 


Amend 


21 NCAC32H 


.0501 


Amend 


21 NCAC32H 


.0502 


Amend 


21 NCAC32H 


.0503 


Amend 


21 NCAC32H 


.0504 


Repeal 


21 NCAC 32H 


.0505 


Amend 


21 NCAC32H 


.0506 


Amend 


21 NCAC 32H 


.0507 


Amend 


21 NCAC32H 


.0508 


Amend 


21 NCAC32H 


.0601 


Amend 


21 NCAC32H 


.0602 


Amend 


21 NCAC32H 


.0801 


Amend 


21 NCAC32H 


.0901 


Amend 


21 NCAC 32H 


.1004 


Amend 



NC BOARD OF NURSING 

Selection and Qualifications 



21 NCAC 36 .0109 



Amend 



RULES REVIEW OBJECTIONS 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1076 



RULES REVIEW COMMISSION 



COMMERCE 



Community Assistance 

4 NCAC 19L .0401 - General 

4 NCAC 19L .0404 - Gram Category Allocation 

4 NCAC 19L .0505 - Selection Criteria 

4 NCAC 19L .0707 - Eligibility Requirements 

4 NCAC 19L .0708 - Selection Criteria 

4 NCAC 19L .0911 - Recordkeeping 

4 NCAC 19L .1009 - Housing Rehabilitation 

4 NCAC 19L .1011 - Lead-Based Paint 

4 NCAC 19L .1303 - Selection Criteria 

4 NCAC 19L .1703 - Selection Criteria 

4 NCAC 19L .1804- Size of Loan Approvals 

4 NCAC 19L .1805 - Selection Criteria 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



11/20/97 
11/20/97 

11/20/97 
11/20/97 
11/20/97 
11/20/97 
11/20/97 
11/20/97 
11/20/97 
11/20/97 
11/20/97 
11/20/97 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



Coastal Resources Commission 



15 A NCAC 7H 
ISA NCAC 7H 
15A NCAC 7H 
15 A NCAC 7H 
15A NCAC 7H 
15A NCAC 7H 
15A NCAC 7H 
15A NCAC 7H 
15A NCAC 7H 
15ANCAC7M 



.1104 - General Conditions 
.1304 - General Conditions 
.1404 - General Conditions 
. 1504 - General Conditions 
. 1 704 - General Conditions 
.1804 - General Conditions 
. 1904 - General Conditions 
.2004 - General Conditions 
.2104 - General Conditions 
. 0303 - Policy- Statements 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



11/20/97 
11/20/97 
11/20/97 
11/20/97 
11/20/97 
11/20/97 
11/20/97 
1 1/20/97 
11/20/97 
11/20/97 



Health Services 

15A NCAC 18A .1938 - Responsibilities 

Agency Revised Rule 
15A NCAC 18A .1958 - Non-Ground Absorption Sewage Treatment Systems 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/16/97 
11/20/97 
10/16/97 

11/20/97 



Soil and Water Conservation 

15 A NCAC 6E .0104 - Best Management Practices Eligible for Cost Share Payments RRC Objection 

Agency Responded Obj. Com 'd 

15A NCAC 6E .0105 - Cost Share and Incentive Payments RRC Objection 

Agency Responded Obj. Cont'd 



10/16/97 
11/20/97 
10/16/97 
11/20/97 



Water Pollution Controls Systems 

15 A NCAC 8F .0201 - Duties and Requirements of Owners 

No Response from Agency 

Agency Revised Rule 
15 A NCAC 8F .0203 - Duties and Requirements of an Operator in Charge 

No Response from Agency 

Agency Revised Rule 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
RRC Objection 



09/18/97 
10/16/97 
11/20/97 
09/18/97 
10/16/97 
11/20/97 



HUMAN RESOURCES 



Facility Services 

10 NCAC 3D .2001 - Definitions 

Agency Revised Rule 
10 NCAC 3D .2101 - Level I Trauma Center Criteria 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/16/97 
11/20/97 
10/16/97 

11/20/97 



1077 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



RULES REVIEW COMMISSION 



10 NCAC 3D .2102 - Level II Trauma Center Criteria 

Agency Revised Rule 
10 NCAC 3D .2105 - Initial Designation Process 

Agency Revised Rule 
10 NCAC 3D .2106 - Renewal Designation Process 

Agency Revised Rule 
10 NCAC 3D .2201 -Denial, Probation, Vol. Withdrawal/Rev/Trauma Ctr Designation 

Agency Revised Rule 
10 NCAC 3D .2303 - Regional Trauma System Policy Development 

Agency Revised Rule 
10 NCAC 3R .3073 - Dem/Proj /Pediatric Nursing Care Need Deter. (Review Cat. G) 
10 NCAC 3R .3074 - Home Health Agcy Off. Need Determination (Revinv Cat. F) 
10 NCAC 3R .3081 - Policies for Inpatient Rehabilitation Services 



RRC Objection 


10/16/97 


Obj. Removed 


11/20/97 


RRC Objection 


10/16/97 


Obj. Removed 


11/20/97 


RRC Objection 


10/16/97 


Obj. Removed 


11/20/97 


RRC Objection 


10/16/97 


Obj. Removed 


11/20/97 


RRC Objection 


10/16/97 


Obj. Removed 


11/20/97 


RRC Objection 


11/20/97 


RRC Objection 


11/20/97 


RRC Objection 


11/20/97 



Medical Assistance 

10 NCAC 26B .0113 - NC Medicaid Criteria/Cont'd Acute Stay /Inpatient Psych. Facility 
Rule Withdrawn by Agency 

PUBLIC INSTRUCTION 

16 NCAC 6C .0307 - Certificate Renewal 

No Response from Agency 
16 NCAC 6D .0103 - Graduation Requirements 

No Response from Agency 
16 NCAC 6D .0301 - Testing Requirements and Opportunities 

No Response from Agency 
16 NCAC 6G .0305 - End -of -Course Tests 

No Response from Agency 
16 NCAC 6G .0306- Testing Code of Ethics 

No Response from Agency 
16 NCAC 6G .0307 - Assistance Teams 

No Response from Agency 
16 NCAC 6G .0308 - Due Process Protections 

No Response from Agency 

SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 

21 NCAC 64 .1002 - General Requirements 

21 NCAC 64 .1004 - Authorized Tasks of Speech-Language Pathology Assistants 





09/18/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


RRC Objection 


10/16/97 


Obj. Cont'd 


11/20/97 


RRC Objection 


11/20/97 


RRC Objection 


11/20/97 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1078 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an 
index to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. 
Copies of the decisions listed in the index and not published are available upon request for a minimal charge bx 
contacting the Office of Administrative Hearings, (919) 733-2698. 



♦ 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, III 

Senior Administrative Law Judge 
FREDG. MORRISON JR. 

ADMIN ISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Grav 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



AGENCY 

ADMINISTRATION 

E. Edward Gambill v. Department of Administration 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Michael's Mini Mart v. Alcoholic Beverage Control Commission 
Everetle Craig Hornbuckle v. Alcoholic Beverage Control Commission 
Saleh Ahmed All Futhah v. Alcoholic Beverage Control Commission 
Carolyn T Ray v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Fast Fare. Inc. 
Alcoholic Beverage Control Commission v. Mendoza Enterprises, Inc. 
Paul Tyler IV Enterprises. Inc., Alpha Vinson T/A Mirrors (Sid's 

Showgirls) v Alcoholic Beverage Control Commission 
and 

City of Goldsboro 
and 

Gurnan Khera 
Nasar Sader v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Paradise Landing, Inc 
OFFISS. Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Altai Hussain 
Alcoholic Beverage Control Commission v Robert Johnson 
Alcoholic Beverage Control Commission v Masonboro County Store. Inc. 
Daniel Gary Ledbetter v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Coram v. Raymond Lee 
Alcoholic Beverage Control Comm. v Percy Daniel Bowen 
Alcoholic Beverage Control Commission v, Bndgette Dee Williams 
Alcoholic Beverage Control Commission v. Weslside Tavern. Inc. 
Alcoholic Beverage Control Commission v. Grove Park Inn Resort, Inc. 
Alcoholic Beverage Control Commission v. Kimberly Loette Hankins 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DOA 0364 


Reilly 


09/10/97 




92 .ABC 1601 


Gray 


08/18/97 




93 ABC 0987 


Grav 


08/18/97 




94 ABC 0264 


Grav 


08/18/97 




95 ABC 0429 


Gray 


09/23/97 




96 ABC 0483 


Morrison 


06/18/97 




96 .ABC 1196 


Grav 


08/26/97 




96 .ABC 1804 


Morrison 


09/29/97 





CORRECTION 

David M Boone ' 



Correction, Div of Prison Admin Remedy Procedure 97 DOC 0534 



CRIME CONTROL AND PUBLIC SAFETY 

Delia Sherrod v. Crime Victims Compensation Commission 
Mary A. Kearney v. CPS. Victims Compensation Commission 
Mae Allen Murray v. Crime Victims Compensation Commission 
Beverly McLaughlin v. Crime Victims Compensation Commission 
Malcolm W. Fields v. Crime Victims Compensation Commission 
Rodney P Hodge v. Crime Victims Compensation Commission 



( 



97 ABC 0030 


Phipps 


mux 97 




97 ABC 0031 


Grav 


06/13/97 




97 ABC 0118 


Grav 


09/17/97 




97 ABC 0312 


Mann 


07/29/97 




97 ABC 0321 


Gray 


08/25/97 




97 ABC 0432 


Reilly 


09/09/97 




97 ABC 0443 


Gray- 


07/08/97 




97 ABC 0488 


Smith 


10/30/97 




97 .ABC 0495 


Morrison 


09/24/97 




97 ABC 0576 


Phipps 


09/04/97 




97 .ABC 0586 


Phipps 


09/17/97 




97 ABC 0706 


Morrison 


09/15/97 12:07 NCR 609 


97 ABC 0897 


Gray 


10/06/97 




97 DOC 0534 


Morrison 


06/16/97 




96 CPS 0300 


Chess 


07/18/97 




96 CPS 2033 


Becton 


09/26/97 




96 CPS 2110 


Chess 


10/31/97 




97 CPS 0170 


Phipps 


08/29/97 




97 CPS 0360 


Chess 


09/12/97 




97 CPS 0449 


Reilly 


07/01/97 





♦ 



7079 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



CONTESTED CASE DECISIONS 



AGENCY 

Billy Sieen v. Crime Victims Compensation Commission 
Clifford R Pulley v. Crime Victims Compensation Commission 
Curtis Jermaine Newkirk v. Crime Victims Compensation Commission 
Gregory Bynum v. Crime Victims Compensation Commission 
Lisa S. Snead v. Crime Victims Compensation Commission 
Robert T. Blakeney v. Office of Administrative Hearings 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Herbert C. Avery v. Environment. Health, and Natural Resources 

Linda Collie v. Lenoir County Health Department 

Leroy Anderson v. County of Moore Department of Health 

EH- Garner v. New Hanover Health Department 

Peter D. McDowell, Sr. v. New Hanover Health Department 

Riggings Homeowners Assoc, Inc. v. Environment, Health, & Natural Res 

John Ronald Taylor v. Environment, Health, & Natural Resources 

Rick Parker v. Pitt County Health Dept. /Mr. Ernie Nichols 

James R. Melvin v. Environment and Natural Resources 

Lee A Riggs v. Craven County Health Department 

Robert E. Cahoon v. Carteret County Health Department 

John Martin v Environment, Health, and Natural Resources 

John Martin v Environment. Health, and Natural Resources 

Gilbert T. Davis, Jr. v. Forsyth County Environmental Affairs Dept. 

Land Resources 

James H. Lowdermilk & J. Wayne Lowdermilk v. EHNR. Land Res 

Charles G. Smith v. EHNR, Division of Land Resources 

Henry Yancey Ingram, II & Hope Fanning Ingram v. EHNR, Land Res 

Environmental Management 

Henry G. Dail, Dail Brothers v. EHNR. Environmental Management 

Marine Fisheries 

John A. Trahan v. EHNR, Division of Marine Fisheries 



CASE 




NUMBER 


ALJ 


97 CPS 0472 


Morrison 


97 CPS 0523 


Gray 


97 CPS 0645 


Morrison 


97 CPS 0901 


Reilly 


97 CPS 1025 


Reiily 


97 CPS 1187 


Becton 


96EHR0161 


Chess 


96 EHR 0264 


Becton 


96 EHR 1969 


Morrison 


96 EHR 1972 


Gray 


96 EHR 2075 


Gray 


97 EHR 0263 


Reilly 


97 EHR 0275 


Reilly 


97 EHR 0470 


Phipps 


97 EHR 0682 


Phipps 


97 EHR 0851 


Becton 


97 EHR 0878 


Becton 


97 EHR 0993* !1 


Phipps 


97 EHR 0994*-' 


Phipps 


97 EHR 1281 


Smith 


96 EHR 0745 


Gray 


96 EHR 0855 


Gray 


96 EHR 0908 


Gray 


96 EHR 2104 


Gray 


97 EHR 0400 


Chess 



DATE OF 

DECISION 

07/23/97 
08/06/97 
10/03/97 
10/16/97 
11/10/97 
11/07/97 



09/23/97 
07/16/97 
07/15/97 
08/07/97 
08/07/97 
08/13/97 
06/09/97 
07/01/97 
09/23/97 
10/02/97 
09/30/97 
10/13/97 
10/13/97 
11/10/97 



10/30/97 
10/30/97 
10/30/97 



08/27/97 



10/30/97 



PUBLISHED DECISION 
REGISTER CITATION 



12:03 NCR 223 



Maternal and Child Health 

Evan's Mini Mart v, EHNR, Maternal & Child Health, Nutrition Svcs Sec 97 EHR 0599 



Phipps 



07/14/97 



Solid Waste Management 

Loie J. Pnddy v. Division of Solid Waste Management, EHNR 



96 EHR 1838 



Morrison 



06/20/97 



12:02 NCR 103 



Water Quality' 

Castle Hayne Steering Committee v. EHNR, Division of Water Quality 96 EHR 1731 

and 
New Hanover County Water and Sewer District 

RAYCO Utilities, Inc., Briarwood WWTP v. EHNR. Div. of Water Quality 97 EHR 0018 
RAYCO Utilities, Inc., Greystone Forrest WWTP v. EHNR. Water Quality 97 EHR 0412 



RAYCO Utilities, Inc., Melbille Heights MHP 

and 
RAYCO Utilities. Inc., Penman Heights MHP v. EHNR. Water Quality 
RAYCO Utilities, Inc.. Melbille Heights MHP 

and 
RAYCO Utilities, Inc., Penman Heights MHP v. EHNR, Water Quality 



97 EHR 0643*" 



Mann 



Chess 
Smith 
Smith 



97 EHR 0644* r Smith 



06/30/97 



09/12/97 
10/29/97 
10/29/97 



10/29/97 



HUMAN RESOURCES 

Sampson Health Care Facilities Inc. v. Dept. of Health & Human Services 

John & Veronica Spearman v. Department of Human Resources 

New Beginnings Christian Academy v. Department of Human Resources 

Cindy G. Geho v. Office of Administrative Hearings, R. Marcus Lodge 

Helen Wyman v. Department of Human Resources 

DeRothea G. Williams d/b/a Dee Williams & Company, a proprietorship v. 97 

Buncombe County Partnership for Children. Inc.. a NC Nonprofit Corp.; 

NC Department of Human Resources [Division of Child Development). 

NC Department of Environment. Health, and Natural Resources Pivision 

of Maternal and Child Health] 
Lorraine M. Monroe v. Department of Human Resources 97 

Linda Rouse Sharp v. Department of Human Resources 97 

Ocelee Gibson v. Department of Human Resources 97 

Larry Patton v. Department of Human Resources 97 

Rita Faircloth v. Department of Human Resources 97 



Division of Child Development 

New Hanover Cty, Comm. Action v. DHR, Division of Child Development 97 DHR 0921 

Cindy G. Geho v. Human Resources, Division of Child Development 



4b DHR 0535 


Reilly 


11/06/97 


96 DHR 1543 


Chess 


09/12/97 


96 DHR 1925 


Reilly 


08/22/97 


97 DHR 0286 


Chess 


07/23/97 


97 DHR 0407 


Reilly 


08/08/97 


97 DHR 0424 


Morrison 


09/22/97 



DHR 0540 


Gray 


10/30/97 


DHR 0610 


Mann 


08/28/97 


DHR 0658 


Reilly 


07/22/97 


DHR 0829 


Phipps 


10/17/97 


DHR 0900 


Reilly 


08/15/97 


DHR 0921 


Phipps 


09/10/97 


DHR 0966 


Phipps 


08/29/97 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1080 



CONTESTED CASE DECISIONS 



AGENCY 

Division of Facility Sendees 

Ava McKinney v DHR. Division of Facility Services 
Mercy Egbuleonu v. DHR. Facility Svcs. Health Care Personnel Reg- Sec 
Mercy Egbuleonu v. Human Resources. Division of Facility Services 
Kizzie Cooper v DHR. Facility Svcs. Health Care Personnel Registry Sec. 
Maggie J. Barnhill v DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Emma Faison v. DHR. Division of Facility Services 
Eugene Donald Caldwell v. DHR. Division of Facility Services 
Patricia Addison v, DHR. Facility Svcs. Health Care Personnel Reg. Sec 
Selena Louise Holley v. DHR. Facility Svcs, Health Care Persl. Reg. Sec. 
Shirley Ebron v DHR. Facility Svcs. Health Care Pers Reg Sec 
Claudia K Thomerson v DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Janice Ann McClinton v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Michelle R. Griffin v. DHR. Facility Svcs. Health Care Pers Reg. Sec. 
Deborah L. McBurnie v. DHR. Facility Svcs, Health Care Pers. Reg. Sec. 
Kelly M. Poole v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Debbie Williams v DHR. Fac. Svcs . Health Care Pers Reg. Sec. 
Therese Victoria Wilson v. DHR. Fac Svcs. Health Care Pers. Reg. Sec 
Notisha Utley v, DHR, Fac. Svcs, Health Care Pers Reg Sec 
Helen T Shokoti v. Human Resources. Division of Facility Services 
Jeri L. Anderson v. Human Resources, Division of Facility Services 
Susie A. Milsap v DHR, Facility Svcs. Health Care Pers. Reg. Sec. 
Glenda Christine Taylor v. DHR, Facility Svcs. Health Care Pers. Reg. Sec 
Maple Heights Rest Home. Inc v DHR. Division of Facility Services 
Lisa Bullard v DHR. Facility Svcs. Health Care Pers Reg Sec. 
Angela D. Johnson v. DHR, Facility Svcs. Health Care Pers. Reg Sec. 
Cressie D. Mears v, DHR, Division of Facility Services 
Marie Emma Wimbush v DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Himmeler Desvarieux v. DHR. Fac. Svcs, Health Care Pers. Reg. Sec. 
Tamara Green v. DHR. Fac. Svcs. Health Care Pers Reg. Sec. 
Jean Rossman v. DHR. Facility Svcs. Health Care Pers. Reg. Sec 
Brenda Faye Harris v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Lorena Barbour v. DHR, Facility Svcs. Health Care Pers. Reg. Sec. 
Vitina Cockrane v DHR. Facility Svcs. Health Care Pers. Reg. Sec. 
Mary Susan McLean v. DHR. Fac. Svcs. Health Care Pers. Reg Sec. 
Doris J. Daniels v. DHR, Fac. Svcs, Health Care Pers. Reg Sec. 
Robin Leigh Robinson v DHR. Facility Svcs. Health Care Pers. Reg. Sec 



Certificate of Seed Section 
Carolina Imaging. Inc/Fayetteville v. DHR. Facility Svcs. Cert/Need Sec. 96 DHR 1570 

and 
Cumberland Cty Hospital System, Inc.. d/b/a Cape Fear Valley Med. Ctr 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 DHR 2061 


Chess 


07/08/97 




97 DHR 0172 


Becton 


07/16/97 




97 DHR 0450 


Gray 


09/02/97 




97 DHR 0459 


Phipps 


06/09/97 




97 DHR 0465 


Gray 


07/30/97 




97 DHR 0471 


Gray 


07/15/97 




97 DHR 0480 


Gray 


10/10/97 




97 DHR 0521 


Mann 


07/25/97 




97 DHR 0524 


Phipps 


08/28/97 




97 DHR 0528 


Gray 


10/02/97 




97 DHR 0551 


Chess 


07/15/97 




97 DHR 0558 


Creech 


10/17/97 




97 DHR 0559 


Gray 


07/30/97 




97 DHR 0608 


Chess 


09/02/97 




97 DHR 0629 


Chess 


09/02/97 




97 DHR 0630 


Gray 


10/01/97 




97 DHR 0632 


Phipps 


08/25/97 




97 DHR 0646 


Phipps 


09/26/97 




97 DHR 0653 


Chess 


08/20/97 




97 DHR 0659 


Gray 


08/19/97 




97 DHR 0667 


Phipps 


08/25/97 




97 DHR 0681 


Gray 


08/29/97 




97 DHR 0717 


Reilly 


10/16/97 




97 DHR 0721 


Chess 


10/09/97 




97 DHR 0723 


Chess 


08/06/97 




97 DHR 0793 


Chess 


08/21/97 




97 DHR 0797 


Phipps 


08/25/97 




97 DHR 0818 


Gray 


10,24/97 




97 DHR 0824 


Becton 


09/29/97 




97 DHR 0908 


Smith 


09/02/97 




97 DHR 0938 


Morrison 


10/03/97 




97 DHR 0999 


Phipps 


09/1 1/97 




97 DHR 1066 


Chess 


10/15/97 




97 DHR 1091 


Morrison 


10/21/97 




97 DHR 1126 


Gray 


10/27/97 




97 DHR 1169 


Phipps 


10/31/97 




96 DHR 1570 


Phipps 


06/24/97 


12:02 NCR 95 



♦ 



I 



Group Licensure Section 

Jeffreys Family Care #2 v. DHR. Facility Svcs. Group Licensure Section 97 DHR 0259 

Division of Medical Assistance 

Dilladys Renee Stover v DHR. Division of Medical Assistance 97 DHR 0560 

Bettye ParsoaTambra Parson v. DHR. Div. of Medical Assistance 97 DHR 0656 

Robert D & Ronda M. Staton v DHR. Div. of Medical Assistance 97 DHR 0660 



Mann 


06/17/97 


Mann 


09/16/97 


Becton 


08/12/97 


Smith 


09/05/97 



Division of Social Services 



Child Support Enforcement Section 
Dale P. Sprinkle v. Guilford Child Support Agency. Human Resources 
Steven Van Linker v. Department of Human Resources 
Michael R. Bryant v. Department of Human Resources 
David Lee Chamblee Jr. v. Department of Human Resources 
John W. Scott v. Department of Human Resources 
Michael T. Swann v. Department of Human Resources 
Ted Wayne Lamb v. Department of Human Resources 
Jeffrey Grainger v. Department of Human Resources 
Toilie Woods v. Department of Human Resources 
Fred Edward Stafford v. Department of Human Resources 
Joseph R. Grooms Jr. v. Department of Human Resources 
David N. Jarrett v. Department of Human Resources 
Warren S. Olson v. Department of Human Resources 
Stanley A. Watson v. Department of Human Resources 
Michael A. Isom v. Department of Human Resources 
Rafael L. Garcia v. Department of Human Resources 
Justin M. Woazeah, Sr v. Department of Human Resources 
Johnny R. Holden v. Department of Human Resources 
Calvin F. Mizelle v. Department of Human Resources 
Tommy Lee Clark v. Department of Human Resources 



96 CRA 1171 


Grav 


08/13/97 


96 CRA 1250* : 


Becton 


07/11/97 


96 CRA 1252 


Phipps 


08/11/97 


96 CRA 1281 


Morrison 


06/16/97 


96 CRA 1287 


Becton 


10/09/97 


96 CRA 1326 


Chess 


06/04/97 


96 CRA 1359 


Grav 


07/10/97 


96 CRA 1376 


Reilly 


08/14/97 


96 CRA 1348* 5 


Morrison 


08/04/97 


96 CRA 1407* :i 


Reilly 


08/21/97 


96 CRA 1434 


Phipps 


11/18/97 


96 CRA 1438 


Morrison 


07/10/97 


96 CRA 1440 


Phipps 


09/09/97 


96 CRA 1448* i9 


Reilly 


08/21/97 


96 CRA 1450 


Becton 


07/11/97 


96 CRA 1451 


Becton 


09/11/97 


96 CRA 1452*' 


Chess 


07/22/97 


96 CRA 1463 


Mann 


10/16/97 


96 CRA 1476 


Chess 


07/07/97 


96 CRA 1477 


Phipps 


08/13/97 



♦ 



1081 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



CONTESTED CASE DECISIONS 



AGENCY 

Ander L Garfield v Department of Human Resources 

Clarence Rams v Department of Human Resources 

Jeremy Baker v. Department of Human Resources 

William T. Harris v. Department of Human Resources 

Hal C. Morgan, Jr. v. Department of Human Resources 

Paul S. Cloninger v. Department of Human Resources 

Edward Stuteville v. Department of Human Resources 

Tony Peterson, Jr v. Department of Human Resources 

Lee G Sanders Jr. v. Department of Human Resources 

David Fraizer v Department of Human Resources 

David Fraizer v. Department of Human Resources 

David Hobson v Department of Human Resources 

John T Spidell v. Department of Human Resources 

Robert M. Starling, Sr v. Department of Human Resources 

David Scott Jordan v. Department of Human Resources 

Lee R Jones v. Department of Human Resources 

Cecil Hall v. Department of Human Resources 

Neil G. McGilberry v. Department of Human Resources 

Gregory S Wolbert v. Department of Human Resources 

William E. Daley Jr. v. Wake County Child Support Enforcement 

Dennis Larson v. Department of Human Resources 

Eric L. Harrington v Department of Human Resources 

Paul F Gangemi, Sr v Department of Human Resources 

Scott M Rodriguez v Department of Human Resources 

James Withers v. Department of Human Resources 

Evalina R. Oxendine v. Department of Human Resources 

Phillip R Banner v Department of Human Resources 

Brian K Nortleel v. Craven County Child Support Office 

Richard H. Reist v Department of Human Resources 

Patrick Orlando Crump v Department of Human Resources 

Ronald L Hadley v. Department of Human Resources 

Garland M. Jessup v. Guilford County Child Support Enforcement 

Anthony LeMar III v. Department of Human Resources 

Michael A. Norman v. Department of Human Resources 

Walter Hawk v. Department of Human Resources 

Johnny Lewis Fields v. Department of Human Resources 

Roger G. Foster v. Department of Human Resources 

Charlie T Smith v Department of Human Resources 

Joseph Davis v. Department of Human Resources 

Joseph Michael Eubanks v. Department of Human Resources 

Vonzell Barker v. Department of Human Resources 

Charles F King v. Department of Human Resources 

A.C. Nash v. Department of Human Resources 

Curtis Bristol Self v Department of Human Resources 

Ronald Alton Neal v Department of Human Resources 

Kenneth A Ingle v. Department of Human Resources 

Norman L. Gatewood v. Department of Human Resources 

Larie Bolton v. Department of Human Resources 

Monty G. Cox v. Randolph County Child Support Enforcement Agency 

Steven Van Linker v Department of Human Resources 

Barry Tukes Sr v. CSE. 

Monty G. Cox v Randolph County Child Support Enforcement Agency 

Harriet Tolson v Department of Human Resources 

John W Scott v Department of Human Resources 

Edgar C. Lewis, Jr. v. Department of Human Resources 

Willie L Berry v. Department of Human Resources 

Tony Orlando Steele v. Department of Human Resources 

Carl Locklear v. Department of Human Resources 

Tollie Woods v. Department of Human Resources 

James Earl McLellan v Department of Human Resources 

Charles L. Raynor v. Department of Human Resources 

Robert Walker v. Intercept Tax Refunds 

Chris M. Wilson v. Department of Human Resources 

Fred Edward Stafford v. Department of Human Resources 

Richard K Blisard v. Department of Human Resources 

Stanley A. Watson v. Department of Human Resources 

Justin M. Woazeah, Sr. v. Department of Human Resources 

William A. Underhill v. Department of Human Resources 

AlmironJ. Deis v. Department of Human Resources 

Jeremy Baker v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISTER CITATION 


96 CRA 1479* 1 


Morrison 


07/15/97 




96 CRA 1482 


Reilly 


08/21/97 




96 CRA 1491 *'-" 


Smith 


09/05/97 




96 CRA 1492 


Mann 


11/18/97 




96 CRA 1500 


Smith 


09/05/97 




96 CRA 1502 


Becton 


09/11/97 




96 CRA 1507*' 3 


Mann 


08/13/97 




96 CRA 1513 


Gray 


10/02/97 




96 CRA 1515 


Reilly 


09/11/97 




96 CRA 1519* 10 


Chess 


07/18/97 




96 CRA 1520* 10 


Chess 


07/18/97 




96 CRA 1522*" 


Phipps 


07/24/97 




96 CRA 1567 


Smith 


09/05/97 




96 CRA 1598* 25 


Chess 


11/03/97 




96 CRA 1673 


Reilly 


07/18/97 




96 CRA 1720* 4 


Phipps 


07/10/97 




96 CRA 1749* s 


Mann 


07/10/97 




96 CRA 1767** 


Becton 


07/15/97 




96 CRA 1782 


Mann 


11/18/97 




96 CRA 1789 


Reilly 


09/25/97 




96 CRA 1793 


Chess 


06/17/97 




96 CRA 1794 


Mann 


07/19/97 




96 CRA 1809 


Gray 


08/13/97 




96 CRA 181 8"' 


Gray 


06/25/97 




96 CRA 1820 


Reilly 


07/24/97 




96 CRA 1825 


Gray 


09/10/97 




96 CRA 1826*"' 


Gray 


09/24/97 




96 CRA 1846 


Phipps 


10/02/97 




96 CRA 1859 


Reilly 


10/21/97 




96 CRA 1866*' 4 


Gray 


08/18/97 




96 CRA 1892 


Reilly 


07/18/97 




96 CRA 1898 


Becton 


07/11/97 




96 CRA 1905 


Smith 


09/05/97 




96 CRA 1915 


Gray 


09/24/97 




96 CRA 1943 


Phipps 


08/13/97 




96 CRA 2085*" 


Smith 


10/02/97 




97 CRA 0043 


Phipps 


06/19/97 




97 CRA 0280 


Reilly 


06/16/97 




97CRA0436*' 5 


Phipps 


08/11/97 




97 CRA 0477 


Reilly 


07/18/97 




97 CRA 0620 


Becton 


08/12/97 




97 CRA 0720 


Reilly 


07/30/97 




97 CRA 0788 


Gray 


09/10/97 




97 CRA 0974 


Mann 


11/19/97 




97 CRA 1020 


Becton 


10/23/97 




97 CRA 1714 


Chess 


09/25/97 




96 CSE 0484 


Chess 


09/23/97 




96 CSE 1220 


Reilly 


08/21/97 




96 CSE 1235* 16 


Becton 


08/12/97 




96 CSE 1249* : 


Becton 


07/11/97 




96 CSE 1277 


Mann 


07/01/97 




96 CSE 1278* 1 " 


Becton 


08/12/97 




96 CSE 1280 


Reilly 


08/21/97 




96 CSE 1286 


Becton 


10/09/97 




96 CSE 1299 


Mann 


08/20/97 




96 CSE 1319 


Gray 


06/25/97 




96 CSE 1337 


Mann 


06/30/97 




96 CSE 1338 


Mann 


07/07/97 




96 CSE 1340*" 


Morrison 


08/04/97 




96 CSE 1358 


Mann 


10/16/97 




96 CSE 1382 


Becton 


07/11/97 




96 CSE 1384 


Morrison 


07/24/97 




96 CSE 1403 


Morrison 


09/25/97 




96 CSE 1406*'" 


Reilly 


08/21/97 




96 CSE 1446 


Mann 


10/22/97 




96 CSE 1449*" 


Reilly 


08/21/97 




96 CSE 1453*' 


Chess 


07/22/97 




96 CSE 1455 


Mann 


07/18/97 




96 CSE 1456 


Gray 


06/25/97 




96 CSE 1460* : " 


Smith 


09/05/97 





Consolidated Cases. 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1082 



CONTESTED CASE DECISIONS 



AGENCY 

Alfred Clinion Springs v. Department of Human Resources 

Ander L Garfield v. Department of Human Resources 

Ulysses Harris v Nash County Child Support Office and Human Resources 

Edward Stuteville v. Department of Human Resources 

Gerald A Jones v. Department of Human Resources 

David Hobson v Department of Human Resources 

Gregory D. Simpson \ Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Donald Ray Archie v Department of Human Resources 

John T Spidell v. Department of Human Resources 

John W. Liverman v. Department of Human Resources 

John H Hale, Jr v Department of Human Resources 

Vincent L. Martin \ Department of Human Resources 

Harlie Leonard Hardison v. Department of Human Resources 

Alton Washington v DHR and Robeson County Child Support Enf. Agcy. 

Robert M. Starling, Sr. v Department of Human Resources 

David Fraizer \ Department of Human Resources 

Golet Holloway, Jr v. Department of Human Resources 

Jeffrey Pierce v. Department of Human Resources 

Patrick Orlando Crump v. Department of Human Resources 

Crystal Lynn Manrmg-Robertson v Forsyth County CSE. DSS &. DHR 

William C Rivera v. Department of Human Resources 

David L Smith v DHR. DSS. CSE and Sampson County CSE 

Lenora McCracken v. Department of Human Resources 

Donald Lee Rodgers Sr. v. Rowan County CSE. DHR. DSS. CSE 

Derrick Sturdivant v. Department of Human Resources 

Clyde Williams v. DHR. DSS. CSE. and Pitt County CSE 

Lee R Jones v Department of Human Resources 

Cecil Hall v Department of Human Resources 

Gregory Melton v. Department of Human Resources 

Neil G McGilberry v Department of Human Resources 

Devin J Bello v. Department of Human Resources 

Phillip R. Banner v Department of Human Resources 

Scott M. Rodriguez v Department of Human Resources 

James Withers v Department of Human Resources 

David M Greene v. Buncombe County CSE and DHR. DSS. CSE 

Jarmarle Arnold v Department of Human Resources 

Sean Heitz v Department of Human Resources 

Nathan S Lockhart Sr v Department of Human Resources 

Scott James Petnll v Department of Human Resources 

Daniel E. Carpenter v. Department of Human Resources 

Daniel D Morse v. Department of Human Resources 

Daryl E. Shankle v Child Support Enforcement Agency 

Jeffrey William Strama v Department of Human Resources 

Joseph Fernandez v Department of Human Resources 

Johnny Lewis Fields v Department of Human Resources 

Alfred Covington v DHR. DSS. CSE and Burke County CSE 

Tommy L Hines Sr v. Forsyth County Child Support Enforcement 

Kelvin Cherry v DHR. DSS. CSE. Durham Cty CSE and Wake Cty CSE 

Irvan Jemal Fontenot v. Department of Human Resources 

Pearlie Blakney v. Department of Human Resources 

Leroy Grooms v. Department of Human Resources 

Sarah Chambers v. Department of Human Resources 

Leroy Grooms v Department of Human Resources 

Pedro Baltazar Jocobo v. Department of Human Resources 

Theodore McCleese v. Department of Human Resources 

Gertru Jefferson Ward v. Department of Human Resources 

James Allen Harris v Department of Human Resources 

John C Henderson v. Department of Human Resources 

William A. Rogers v. Department of Human Resources 

Mark R Kearney v Department of Human Resources 

Michael J. Powell v Department of Human Resources 

Joseph Davis v Department of Human Resources 

James G Davis v. Department of Human Resources 

Randy Gavurnik v. Department of Human Resources 

Curtis Leon Mock v. Department of Human Resources 

Daniel E Carpenter v. Department of Human Resources 

Juan L .Allen v. Department of Human Resources 

Donald Mac Tipton v Department of Human Resources 

Guy R. Auger v. Brunswick County Child Support Enforcement 

Andrew J. Hough v. Department of Human Resources 

Michael V. Dockery v. Department of Human Resources 

William Irving Commodore v. Department of Human Resources 

David F. Norman v. Department of Human Resources 



CASE 




DATE OF 


MAKER 


ALJ 


DECISION 


96 CSE 1473 


Reilly 


08/21/97 


96 CSE 1480*' 


Morrison 


07/15/97 


96 CSE 1488 


Becton 


10/14/97 


96 CSE 1508*'' 


Mann 


08/13/97 


96 CSE 1512 


Becton 


09/11/97 


96 CSE 1521*" 


Phipps 


07/24/97 


96 CSE 1527 


Reilly 


06/25/97 


96 CSE 1528 


Reilly 


09/24/97 


96 CSE 1558 


Becton 


07/11/97 


96 CSE 1566 


Smith 


09'05/97 


96 CSE 1568 


Becton 


07/11/97 


96 CSE 1573 


Mann 


10/22/97 


96 CSE 1574 


Gray 


08/04/97 


96 CSE 1578 


Becton 


08/25/97 


96 CSE 1597 


Becton 


10/13/97 


96 CSE 1605*- 


Chess 


11 03 97 


96 CSE 1610* ;u 


Chess 


07/18/97 


96 CSE 1611 


Becton 


07/11/97 


96 CSE 1613 


Mann 


06/30/97 


96 CSE 1614*' 4 


Gra\ 


08/18/97 


96 CSE 1619 


Becton 


10/13/97 


96 CSE 1622 


Mann 


06/18/97 


96 CSE 1639 


Becton 


10/13/97 


96 CSE 1644 


Mann 


06/30/97 


96 CSE 1667 


Becton 


10/13/97 


96 CSE 1672 


Chess 


10/09/97 


96 CSE 1688 


Becton 


10/13/97 


96 CSE 1719*' 


Phipps 


07/10/97 


96 CSE 1750*' 


Mann 


07/10/97 


96 CSE 1764 


Morrison 


09/17/97 


96 CSE 1766*' 


Becton 


07/15/97 


96 CSE 1774 


Phipps 


07/16/97 


96 CSE 1802* : ' 


Gray 


09/24/97 


96 CSE 1817*' 


Gray 


06/25/97 


96 CSE 1821 


Reilly 


08/21/97 


96 CSE 1844 


Becton 


10/06/97 


96 CSE 1853 


Becton 


10/14/97 


96 CSE 1909 


Chess 


07/22/97 


96 CSE 1910 


Phipps 


07/16/97 


96 CSE 1914 


Morrison 


07/30/97 


96 CSE 1917* - 


Phipps 


07/25/97 


96 CSE 1942 


Chess 


08.19/97 


96 CSE 1977 


Becton 


07/11/97 


96 CSE 2043 


Becton 


07/11/97 


96 CSE 2066 


Chess 


08/21/97 


96 CSE 2084*" 


Smith 


10/02/97 


96 CSE 2086 


Becton 


10/06/97 


97 CSE 0015 


Reilly 


07/18/97 


97 CSE 0027 


Becton 


10/13/97 


97 CSE 0223 


Becton 


07/11/97 


97 CSE 0254 


Phipps 


07/24/97 


97 CSE 0258*" 


Becton 


07/18/97 


97 CSE 0278 


Morrison 


06/16/97 


97 CSE 0297*" 


Becton 


07/18/97 


97 CSE 0339 


Mann 


10/22/97 


97 CSE 0353 


Morrison 


08/05/97 


97 CSE 0381 


Chess 


08/22/97 


97 CSE 0401 


Mann 


10/16/97 


97 CSE 0408 


Smith 


09/05/97 


97 CSE 0410 


Gray 


06/25/97 


97 CSE 0417 


Reilly 


08/07/97 


97 CSE 0418 


Becton 


08/12/97 


97 CSE 0435* 5 


Phipps 


08/11/97 


97 CSE 0448 


Gray 


07/28/97 


97 CSE 0454 


Morrison 


08/04/97 


97 CSE 0490 


Mann 


06/17/97 


97CSE0501*' 2 


Phipps 


07/25/97 


97 CSE 0550 


Smith 


09/05/97 


97 CSE 0564 


Gray 


09/15/97 


97 CSE 0600 


Morrison 


07/18/97 


97 CSE 0615 


Reilly 


08/21/97 


97 CSE 0642 


Mann 


10/03/97 


97 CSE 0671 


Mann 


10/03/97 


97 CSE 0672 


Grav 


07/28/97 



PUBLISHED DECISION 
REGISTER CITATION 



1083 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



CONTESTED CASE DECISIONS 



AGENCY 

Richmond P Lambert IE v. Department of Human Resources 

Carvin Ray Burns v. Department of Human Resources 

Mar F- Jones v. Department of Human Resources 

Denis J Quinn v. Department of Human Resources 

Franklin DeAngelo Staten v. Department of Human Resources 

Nathaniel D. Carter v. Department of Human Resources 

Dennis W. Clowers v. Department of Human Resources 

Tracy A. Merrill v. Department of Human Resources 

Daniel J. McDowell v. Department of Human Resources 

Enrico Phineas Acher v. Department of Human Resources 

Roger Waldren v Department of Human Resources 

Randy Allen Vore v. Department of Human Resources 

Waller McNeil v. Department of Human Resources 

David Hobson v Department of Human Resources 

Jerry Whitley v Mecklenburg County Child Support Enforcement 

Linda Wade-Hargrove v. Department of Human Resources 

Regina C Sullivan v. Department of Human Resources 

Teri Lynne Lanier v Department of Human Resources 

Katrina T. Johnson v. Department of Human Resources 

Clarisa Carter Watson v. Department of Human Resources 

INSURANCE 

Joseph J- Peacock v Department of Insurance 

JUSTICE 

Barbara Carter Irons v, DHR, Division of Facility Services 

Paul Harvey Taylor v. Department of Justice, Company Police Program 

Christopher Michael Lynn v Company Police Program 

Imran Ramnanne v. Department of Justice. Company Police Program 

Alarm Systems Licensing Board 

Kim Brian Phelps v. Alarm Systems Licensing Board 
Daniel Joseph Dunne. IH v Alarm Systems Licensing Board 

Education and Training Standards Division 

Charles Thomas Ohnmacht. Jr. v. Criml. Justice Ed. /Training Stds. Comm. 
Jon Randolph O'Dell v. Criml. Justice Ed/Training Stds. Comm. 
James Haywood Mathews, Jr v. Criml. Justice Ed /Training Stds. Comm. 
Christopher Lee v Criminal Justice Ed & Training Standards Comm 
Steven Wayne Olsen v. Criminal Justice Ed. & Training Standards Comm 
Garfield Duncan Whitaker v Criminal Justice Ed. & Training Stds. Comm 
Joseph Lonnie Wesson v. Criminal Justice Ed. & Training Standards Comm 
Frank Arlander Hearne v. Criml. Justice Ed. & Training Stds. Comm 
Audrey McDonald Rodgers v. Sheriffs' Ed. & Training Stds. Coram 
Gerald S Wingate v. Sheriffs' Ed & Training Stds Comm 
William Malcolm Mounno v Sheriffs' Ed & Training Stds. Comm. 
Derrick W Bowens v. Sheriffs' Education & Training Standards Comm 
Joseph Ray Davis v. Sheriffs' Ed & Training Stds Comm 
William Wayne McDowell v. Sheriffs' Education & Training Stds. Comm 

Private Protective Services Board 
Private Protective Services Board v. Phillip L. Hanson 
Ronald Anthony Bobeck v. Private Protective Services Board 
Joseph D White v. Private Protective Services Board 
Harry A. House v Private Protective Services Board 
Earl Thomas Wilson v. Private Protective Services Board 
Patti Jones v Private Protective Services Board 
John Stokes, Jr v. Private Protective Services Board 

PUBLIC INSTRUCTION 

Nicholas Eirschele, by his parents, Charles & Kathy Eirschele v. Craven 

County Board of Education 
Karen L. Holgersen v. Department of Public Instruction 
Meridith Kirkpatrick, by her parent, Susan Kirkpatrick and Mendith 

Kirkpatrick, Individually v. Lenoir County Board of Education 
Brian Allen Hoffman v. Department of Public Instruction 
Alexander & Linda Brody & their son, James Brody v. Dare County 

Public Schools 
Brenda Joyce Brooks Lovely v. State Board of Education 
John G. Schaenman v. Stale Board of Education 
Norman D. Crotts v. State Board of Education 

Paul W. Bonham v. State Board of Education, Depi. of Public Instruction 
Fred W, Crawford JJ v. Charloite/Mecklenburg Board of Education 
Waller R Bennett v State Board of Education 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 CSE 0712 


Morrison 


10/06/97 




97CSE0751 


Becton 


09/11/97 




97 CSE 0777 


Phipps 


08/28/97 




97 CSE 0794 


Reilly 


09/24/97 




97 CSE 0822 


Morrison 


11/06/97 




97 CSE 0931 


Smith 


09/25/97 




97 CSE 0944 


Becton 


09/11/97 




97 CSE 0947 


Phipps 


11/18/97 




97 CSE 0984 


Morrison 


09/10/97 




97 CSE 0990 


Reilly 


11/05/97 




97 CSE 1042 


Chess 


10/13/97 




97 CSE 1071 


Mann 


10/07/97 




97 CSE 1324 


Becton 


09/11/97 




97 CSE 1747*' 


Phipps 


07/24/97 




97 CSE 2037 


Reilly 


08/21/97 




97 DCS 0365 


Becton 


07/11/97 




97 DCS 0482 


Becton 


07/18/97 




97 DCS 0738 


Smith 


09/05/97 




97 DCS 0856 


Becton 


09/24/97 




97 DCS 0909 


Gray 


10/02/97 




96 INS 0433 


Becton 


07/25/97 


12:04 NCR 327 


97 DOJ 0669 


Phipps 


08/27/97 


12:06 NCR 501 


97 DOJ 0916 


Reilly 


10/03/97 




97 DOJ 1120 


Chess 


10/22/97 




97 DOJ 2071 


Becton 


06/11/97 




96 DOJ 1785 


Gray 


08/08/97 




97 DOJ 0868 


Phipps 


09/12/97 




96 DOJ 0353 


Phipps 


06/13/97 




96 DOJ 1466 


Phipps 


09/16/97 




96 DOJ 1957 


Reilly 


07/31/97 




97 DOJ 0076 


Morrison 


06/19/97 




97 DOJ 0077 


Phipps 


08/21/97 




97 DOJ 0121 


Phipps 


11/04/97 




.97 DOJ 0136 


Reilly 


08/26/97 




97 DOJ 0137 


Reilly 


06/10/97 




97 DOJ 0308 


Reilly 


07/31/97 




97 DOJ 0428 


Gray 


10/09/97 




97 DOJ 0430 


Phipps 


09/16/97 




97 DOJ 0661 


Smith 


08/29/97 




97 DOJ 0747 


Gray 


10/02/97 




97 DOJ 0817 


Morrison 


08/22/97 




96 DOJ 0795 


Smith 


06/05/97 




97 DOJ 0476 


Morrison 


06/20/97 




97 DOJ 0724 


Gray 


10/06/97 




97 DOJ 0727 


Phipps 


09/11/97 




97 DOJ 0996 


Gray 


10/06/97 




97 DOJ 1195 


Reilly 


11/03/97 




97 DOJ 1196 


Reilly 


11/03/97 




96 EDC 0655 


Mann 


09/02/97 




96 EDC 0808 


Smith 


05/27/97 




96 EDC 0979 


Overby 


06/02/97 




96 EDC 1013 


Gray 


10/24/97 




96 EDC 1095 


Creech 


08/25/97 


12:07 NCR 581 


97 EDC 0089 


Morrison 


08/01/97 




97 EDC 0095 


Morrison 


10/07/97 




97 EDC 01 17 


Reilly 


09/23/97 




97 EDC 0343 


Smith 


10/28/97 




97 EDC 0345 


Smith 


10/21/97 




97 EDC 0657 


Smith 


09/29/97 





12.12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1084 



CONTESTED CASE DECISIONS 



AGENCY 

Julius O. Webb v. Hertford County Board of Education 
H. Margaret Willetts v Department ot Public Instruction 
Karen Clark Ceccato v. Department of Public Instruction 
Carl Smith Herman v. State Board of Education 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 EDC 0736 


Gray 


09/09/97 




97 EDC 0978 


Phipps 


10/29/97 




97 EDC 0989 


Smith 


09/16/97 




97 EDC 1050 


Becton 


10/27/97 





t 



STATE PERSONNEL 



Brunswick Community College 

Dr. Donald W. Skinner v. Brunswick Community College 

Correction 

Rodney Jones, Paula Hawkins. James McKoy v. Dept. of Correction 

Rodney Jones, Paula Hawkins. James McKoy v. Dept. of Correction 

Rodney Jones. Paula Hawkins. James McKoy v. Dept. of Correction 

Larry Wayne Pruitt. Jr. v. Department of Correction 

William Hershel Bradley v. Franklin Freeman. Supt Mark Hughes, 

Grant Spicer, Asst. Supt. Wade Hatley. et al. Department of Correction 
Dennis Harrell v. Department of Correction 
Ray Evans Joyner v. Correction. Div. of Adult Probation/Parole 
Morton Floyd v. New Hanover Department of Correction 
Fannie P. Greene v. Adult Probation. State of NC 
William G. Jordan v. Department of Correction 

William A. Rich v. Dennis Rowland (Asst. Supt.) Wake Corr. Ctr DOC 
Torie M. Osborne v. Department of Correction 
Lonnie F. McCaskill. Ill v. Department of Correction 
William E. McCaskill v. Department of Correction 
Andrew Pinto v. Department of Correction 
Ronald M Johnson v. Emp. Rel. Comm., DOC (Morrison Youth Inst.) 

Crime Control and Public Safety 

Timothy M. Lassiter v. Crime Control & Public Safety. St Hwy Patrol 

Carroll E. Ward v. State Highway Patrol 

Employment Security Commission 

Broxie J. Nelson v. Employment Security Commission 

Mary H. Ranson v. Employment Security Commission 

Environment, Health, and Satural Resources 

James Fred Swain v. Environment, Health, and Natural Resources 
James S. Kantor v. Environment. Health, and Natural Resources 

Human Resources 

Betty J. Souther v. New River Area MH/DD/SA Program 

Willie D. Parks v. Cherry Hospital. Department of Human Resources 

Robert Tilson Morley v. Department of Human Resources 

Glen Sutton v. Cumberland County Department of Social Services 

Brenda C. Burgess v. Dept of Human Resources (Broughton Hospital) 

Pamela Massey v Department of Human Resources 

Clifton Dean Hill v. Department of Human Resources 

Bennie Allen Sutlle v Department of Human Resources 

Calvin E. Kaiser v Southeastern Mental Health Center 

Sandra Riley v, Onslow County Department of Social Services 

Vicky Angel Morgan v. Buncombe County Department of Social Services 

Rick A. Sanders v. Department of Health and Human Services 

Troy Gaines v. Durham County Mental Health Department 

Edward Percell Eason v. Department of Human Resources 

Dale Dees v. Trend Community Mental Health Services 

Lisha Dawn Byrd v. Human Resources (Western Carolina Center) 

Richard G. Sleeves v. Scotland County Board of Health 

Antonio A Archibeque v Barbara D. Whitley, Dir, Stanly County DSS 

DHR. Deaf & Hard of Hearing CNCSD, Evonne Broadnax v. DHR, 

Deaf & Hard of Hearing CNCSD 
Richard G. Steeves v. Scotland County Board of Health & Scotland County 
Julia R. Baker v. Union County Department of Social Services 



Public Instruction 

Frances Phillips Melon 



Department of Public Instruction 



Transportation 

Tommie R. Jones, Samuel W. Winstead, Timothy C. Sturges, Michael J. 

Boone, and Ronnie Batchelor v. Dept of Transportation. Div. of Motor 

Vehicles. Enforcement Section 
Tommie R. Jones, Samuel W. Winstead. Timothy C. Sturges, Michael J 

Boone, and Ronnie Batchelor v. Dept of Transportation, Div. of Motor 



97 OSP0310 


Phipps 


06/12/97 






96 0SP 1051* : " 


Phipps 


08/20/97 






96 OSP 1119*'" 


Phipps 


08/20/97 






96 OSP 1120*' 7 


Phipps 


08/20/97 






96 OSP 1133 


Gray 


08/11/97 






96 OSP 1604 


Phipps 


06/19/97 






96 OSP 2039 


Chess 


06/18/97 






97 OSP 0100 


Becton 


09/18/97 






97 OSP 0152 


Gray 


06/13/97 






97 OSP 0261 


Gray 


11/20/97 






97 OSP 0469 


Morrison 


10/31/97 


12:11 NCR 


987 


97 OSP 0542 


Gray 


09/02/97 






97 OSP 0601 


Smith 


10/27/97 






97 OSP 0761 


Gray 


10/02/97 






97 OSP 0770 


Becton 


09/26/97 






97 OSP 0873 


Becton 


10/31/97 






97 OSP 0940 


Gray 


10/02/97 






97 OSP 0423 


Phipps 


10/29/97 






97 OSP 0750 


Mann 


09/16/97 






96 OSP 0378 


Becton 


07/10/97 






97 OSP 0387 


Mann 


07/24/97 






96 OSP 0440 


Gray 


10/02/97 


12:09 NCR 


851 


96 OSP 0633 


Smith 


09/30/97 


12:09 NCR 


854 


94 OSP 0327 


Becton 


10/20/97 






96 OSP 0617 


Phipps 


09/10/97 






96 OSP 0969 


Gray 


08/21/97 






96 OSP 1296 


Gray 


07/17/97 






96 OSP 1485 


Phipps 


10/13/97 






96 OSP 1927 


Becton 


08/28/97 


12:06 NCR 


497 


97 OSP 0007 


Phipps 


06/20/97 


12:02 NCR 


107 


97 OSP 0069 


Reilly 


09/30/97 






97 OSP 0073 


Gray 


08/08/97 






97 OSP 0217 


Reilly 


10/14/97 






97 OSP 0283 


Becton 


10/02/97 






97 OSP 0307 


Reilly 


10/16/97 






97 OSP 0347 


Mann 


08/05/97 






97 OSP 0363 


Gray- 


08/15/97 






97 OSP 0402 


Mann 


11/24/97 


12:12 NCR 


1087 


97 OSP 0491 


Morrison 


08/28/97 






97 OSP 0622*- 


Phipps 


10/21/97 






97 OSP 0663 


Smith 


09/02/97 






97 OSP 0756 


Becton 


09/03/97 






97 OSP 0760* B 


Phipps 


10/21/97 






97 OSP 0783 


Gray 


10/13/97 






95 OSP 0907 


Trawick 


06/09/97 






96OSP0781* 1 * 


Phipps 


11/13/97 


12:11 NCR 


979 


96 OSP 0782* :6 


Phipps 


11/13/97 


12:11 NCR 


979 



i 



♦ 



1085 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



CONTESTED CASE DECISIONS 



1 



CASE 
AGENCY NUMBER 

Vehicles, Enforcement Section 

Tommie R. Jones. Samuel W. Winstead, Timothy C. Sturges. Michael J. 96 OSP 0783* 1 

Boone, and Ronnie Batchelor v. Dept. of Transportation, Div. of Motor 

Vehicles, Enforcement Section 

Georgia B. Warren v. Dept of Transportation, Div. of Motor Vehicles, 96 OSP 0784* : ' 

Enforcement Section 

Tommie R. Jones. Samuel W. Winstead, Timothy C. Sturges, Michael J 96 OSP 0785* : ' 

Boone, and Ronnie Batchelor v. Dept. of Transportation. Div. of Motor 

Vehicles, Enforcement Section 

Tommie R. Jones, Samuel W. Winstead, Timothy C. Sturges, Michael J. 96 OSP 0786*'' 

Boone, and Ronnie Batchelor v Dept. of Transportation. Div. of Motor 

Vehicles, Enforcement Section 

Wendell L. Webb v. Department of Transportation, Ferry Division 96 OSP 1710* : ' 

Wendell L. Webb v. Department of Transportation, Ferry Division 97 OSP 0198* : ' 

Frank A. Tice. Ill v. Department of Transportation 97 OSP 0380 

University of North Carolina 

Boyd S Taylor v. NC Central University 94 OSP 0363 

Diane Riggsbee-Raynor v. UNC at Chapel Hill 96 OSP 0326 

Helen Mclnlyre v. UNC-TV University of North Carolina 96 OSP 0822 

Elaine P. Browne v. Winston-Salem State University 96 OSP 1007 

Carol Glosson v. University of NC Hospitals at Chapel Hill 96 OSP 1015 

Theresa Rogers v. University of NC Hospitals at Chapel Hill 96 OSP 1065 

Ann O. Meares v. NC State University 96 OSP 1870 

Darrell J. Hampton v. NC Central University 97 OSP 0155 

Clinton A. Browne v. NC A&T Stale University 97 OSP 0199 

Kenneth L Jarman v. East Carolina University 97 OSP 0249 

William A. Covington v. NC A & T State University 97 OSP 0686 

Beth W, Vinson v. Western Carolina University 97 OSP 0762 

Viola Simmons v. UNC-Wilmington 97 OSP 0859 

Helen Mclntyre v. UNC-TV University of North Carolina 97 OSP 0991 

Helen Mclntyre v. UNC-TV University of North Carolina 97 OSP 1148 

E. Julius Carter v. UNC-Greensboro 97 OSP 1202 

SECRETARY OF STATE 

Greenway Capital Corp. & Stacey Lee Davis v. Securities Div. Sec'y/State 94 SOS 0097 

Teresa M. Collrain v. Secretary of State 97 SOS 0499 

STATE TREASURER 

Shelby H. Underwood, et.al. v. Trustees Teachers/St Emp Ret. Sys 96 DST 0390 

Richard Albert Jose v. State Treasurer Retirement Systems Div. 97 DST 0281 

TRANSPORTATION 

Audrey W. Harris v. Transportation, Manson/Wheat Contr.. & Wake Elec. 97 DOT 0566 



ALJ 

Phipps 

Phipps 
Phipps 

Phipps 



Phipps 
Phipps 
Mann 



Chess 

Chess 

Gray 

Reilly 

Becton 

Morrison 

Chess 

Mann 

Phipps 

Gray 

Becton 

Phipps 

Gray 

Gray 

Gray 

Phipps 



Gray 
Reilly 



Reilly 
Reilly 



Gray 



DATE OF 


PUBLISHED DECISION 


DECISION 


REGISTER CITATION 


11/13/97 


12:11 NCR 979 


11/13/97 


12:11 NCR 979 


11/13/97 


12:11 NCR 979 


11/13/97 


12:11 NCR 979 


10/31/97 




10/31/97 




09/05/97 




09/12/97 




06/04/97 


12:01 NCR 39 


09/26/97 




09/24/97 




10/08/97 




10/23/97 




09/22/97 




08/11/97 




09/18/97 




09/26/97 




08/29/97 




10/10/97 




11/18/97 




09/26/97 




10/16/97 




11/05/97 




10/28/97 




10/22/97 


12:10 NCR 914 


08/05/97 




10/02/97 




07/28/96 





UNIVERSITY OF NORTH CAROLINA 

Clinton S Rogers v. UNC-Chapel Hill 



97 UNC 1062 



Becton 



10/31/97 



> 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



1086 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF BUNCOMBE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

97 OSP 0402 




DALE DEES, 

Petitioner. 

\. 

TREND COMMUNITY MENTAL HEALTH SERVICES, 

Respondent. 



This contested case was heard before Julian Mann, III, Chief Administrative Law Judge, on the 9th and 10th of 
October, 1997 in the Buncombe County Courthouse, Asheville, North Carolina. 



APPEARANCES 



For the Petitioner: 



For the Respondent: 



Michael E. Casterline, Attorney at Law 
68 North Market Street. 
Asheville. North Carolina. 28804 

Samuel H . Fntschner, Attorney at Law 
Post Office Box 928, 
Hendersonville. North Carolina 28793 



ISSUE 

Did respondent have just cause to dismiss petitioner? 
INTERPRETER 
Barry Elkins 
The petitioner is hearing impaired and Mr. Elkins appeared as a sworn interpreter for this contested case hearing. 

EXHIBITS 
For Petitioner: Petitioner's Exhibits 1. 2, 3. 4. 5. 7, 9, 11. 12, 13, 14, 15, 17, 18, 19. and 20 
For Respondent: Respondent's Exhibits 2 and 3 

STIPULATED FACTS 

1. That Dale Dees was hired by Trend Community Mental Health Services in November, 1994, to work in the Forest 
Bend Group Home in Brevard, North Carolina as a habilitation assistant. 

2. That throughout his employment with Trend, Dees received satisfactory' employee reviews. 

3. That Dees was promoted to Second Shift Supervisor at Forest Bend, effective August 25, 1996. 

4. That Denise Robinson and Melissa Dill were co-workers of Dees at Forest Bend. 

5. That on November 20, 1996, Dill reported that she had seen Dees kick a Forest Bend client, Tony Harris, "in the butt" 
during a behavioral incident at the group home. 



i 



♦ 



1087 



NORTH CAROLINA REGISTER 



December 15, 1997 



12:12 



CONTESTED CASE DECISIONS 



) 



6. That Dees was suspended with pay on November 21, 1996 and his employment with Trend was terminated on 
December 4, 1996, for reasons of personal misconduct after an internal investigation by Trend. 

7. That on December 17, 1996, following the Employee Grievance Procedure, Dees gave notice of his appeal of Trend's 
decision to terminate his employment. 

8. That Dees' appeal was denied by Trend's Operations Director, Paul vander Straeten, on January 14, 1997. 

9. That on January 24, Dees gave notice to Trend that he would continue to pursue his appeal, as per the Employee 
Grievance Procedure. 

10. That Dee's appeal was denied by Trend's Executive Director, Ronald Metzger, on February 13, 1997. 

11. That on February 24, Dees gave notice to Trend that he would continue to pursue his appeal, as per the Employee 
Grievance Procedure. 

12. That Dees' appeal was denied again by Trend's Executive Director, Ronald Metzger, based on advisory findings by the 
Trend Area Board's appeal committee, on March 13, 1997. 

13. That on April 11, Dees petitioned the North Carolina Office of Administrative Hearings for a contested case hearing, 
contending that he was discharged without just cause, and as the result of discrimination based on sex and handicapping 
condition. 

Based upon the testimony and evidence presented at the hearing, the documents and exhibits received into evidence and 
the entire record in this proceeding, the undersigned, by the greater weight of the evidence, makes the following: 

FINDINGS OF FACT 

1. The Office of Administrative Hearings has personal and subject matter jurisdiction over this contested case pursuant to 
Chapters 126 and 150B of the North Carolina General Statutes. 

2. The petitioner is presently a citizen and resident of Buncombe County, North Carolina. 

3. Petitioner is an employee covered under the provisions of G.S. 126-5(a)(2). 

4. The respondent, Trend Community Mental Health Service, is an area mental health agency which provides care for 
residents and patients with developmental disabilities and substance abuse problems and serves Transylvania and Henderson 
Counties. It's Executive Director is Ronald C. Metzger. It's Board Chairman is Thomas Mahan, PhD. 

5. The petitioner is presently 36 years old. He is hearing and speech impaired. 

6. The petitioner was employed at respondent's Forest Bend Group Home. The Forest Bend Group Home is an 
intermediate care facility. This group home is located at 1 South Oak Street, Brevard, North Carolina. 

7. Petitioner was first employed in November of 1994 with respondent as an habilitation assistant. In August of 1996, 
Petitioner was promoted to a shift supervisor. He has no prior disciplinary actions contained within his personnel record. 

8. On or about November 20, 1996, the petitioner was involved in an incident with one of the residents at the Forest Bend 
Group Home. For purposes of confidentiality, this resident will be referred to as "Mr. T." Mr. T is a permanent resident being 
served at Forest Bend and is developmentally disabled; has seizure activity; and is mentally retarded. Mr. T, although an older 
adult, has a mental age between 4 and 5 years old. For the most part, Mr. T is a docile patient, although he can become 
physically and verbally aggressive. 

9. Prior to November 20, 1997, petitioner and Mr. T developed a special relationship between caregiver and resident. 
Petitioner would take Mr. T out for walks; pick flowers; play with blocks and other toys; and occasionally engaged in 
"horseplay." Due to petitioner's close association and relationship with Mr. T, petitioner had, in the past, been able to redirect 
untoward behavior by Mr. T. 



12:12 NORTH CAROLINA REGISTER December 15, 1997 1088 



CONTESTED CASE DECISIONS 



10. During the 24 hour period of November 19, 1997. the petitioner worked at the Forest Bend Group Home for a sixteen 
hour shift from 7:00 a.m. until 11:00 p.m. On November 20th, he arrived at the group home at approximately 7:00 a.m. The 
petitioner was somewhat tired and exhausted from the extended previous day's work in the group home. 

11. Petitioner's immediate supervisor is Florence Denise Robinson. On November 20, 1997, the petitioner assisted Ms. 
Robinson in activities during breakfast for the residents. Petitioner and Ms. Robinson had worked together for over a year. 
They had a strong mutual respect for each other, and there was no friction or tension between them. 

12. Ms. Robinson was the only disinterested eyewitness to the events that ultimately resulted in the petitioner's 
termination. During the breakfast meal on November 20, 1997, Mr. T became verbally abusive after he was instructed by Ms. 
Robinson to take his breakfast dishes to the sink. He refused, and petitioner attempted to redirect the negative activity and to 
encourage Mr. T to follow the directive from Ms. Robinson. At that point, Mr. T called the petitioner a "bitch." Mr. T walked 
over to the sink with his dishes and petitioner touched Mr. T with his foot in a backwards fashion and in a playful manner. Ms. 
Robinson characterized this movement as "a teasing like manner." Mr. T cursed some more and threw his plate into the sink and 
broke it. At that point, Petitioner intervened with a PIC (Preventative Intervention Course) technique, which was not fully 
successful. Ultimately, Mr. T completely unharmed, was returned to his room. This concluded the incident in question. 

13. Ms. Robinson described this touching by the petitioner with Mr. T as a "nudge" and not unlike a Marx Brothers' 
"comic relief contact. Ms. Robinson characterized and the undersigned finds as a fact that there was no intent on the part of 
petitioner to be mean, hostile, assaultive, or to in any way inflict any bodily harm on Mr. T, nor did any bodily harm result. 

14. During the hearing, the touching was also verbally characterized as a side swipe or horseplay. 

15. At the conclusion of the incident in question, Ms. Robinson and petitioner discussed the situation and Mr. T's 
untoward reaction to the petitioner's touching, in order to prevent this type of interactive procedure in the future. Ms. 
Robinson, at the end of this conversation, elected not to report the incident to her superiors. 

16. Melissa Dill did report the incident. Melissa Dill is a habilitation assistant and previously had an amorous relationship 
with the petitioner. The relationship was broken off. Previously, Miss Dill had suggested that petitioner had caused her 
pregnancy, which she later recanted. At the time of this incident, Miss Dill was angry with the petitioner and indicated that she 
witnessed the in interaction between the petitioner and Mr. T. Later Ms. Dill recanted this assertion. The only eyewitness to the 
event was Ms. Robinson. 

17. Some of the information received by respondent's management indicated that petitioner had kicked Mr. T in an 
assaultive manner. Ultimately, the agency director, Mr. Metzger, determined that petitioner's conduct was sufficiently 
reprehensible to constitute gross misconduct and ultimately as grounds to discharge the petitioner from employment. Mr. 
Metzger determined that any touching in the manner reported to him was a dischargable offense, regardless of intent, and left 
him with no alternative but to dismiss petitioner. Mr. Metzger acknowledged that petitioner had been a good employee and had 
made contributions to the program at Forest Bend. 

18. Mr. Metzger reported the incident to the Department of Social Services for an investigation. After investigation, the 
County Department of Social Services found no basis for abuse. The evidence in the case indicated that Mr. Metzger and others 
sitting in determination of the disciplinary action were in a position to be influenced by Mr. T's reaction that morning as well as 
an anonymous, unsubstantiated, unproven hearsay document (Petitioner Exhibit 9 1) which Respondent had received through 
the mail implicating Petitioner in other misconduct. 

Based upon the foregoing findings of fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1 . Pursuant to Chapters 125 and 150B of the North Carolina General Statutes, the Office of Administrative Hearings has 
personal and subject matter jurisdiction to hear Petitioner's appeal and issue a recommendation to the State Personnel 
Commission. 

2. The State Personnel Commission has authority to issue an advisory opinion to the Respondent. 

3. There are two bases for the dismissal of employees under the N.C. Gen. Stat. § 26-35 standard of "just cause" and 



1089 NORTH CAROLINA REGISTER December 15, 1997 12:12 



CONTESTED CASE DECISIONS 



they are "unacceptable job performance" and "unacceptable personal conduct." "Unacceptable job performance" includes the 
failure to satisfactorily perform job requirements as directed by management; this determination is made by the supervisor. 25 
N.C-k Admin. Code 11.2301(c). "Unacceptable personal conduct" includes conduct for which no reasonable person would 
expect to receive a prior warning and "conduct unbecoming an employee that is detrimental to the agency." 25 N.C. Admin. 
Code 11.2301(d)(l,5). Certain actions by an employee may fall into both categories depending upon the fact of the particular 
case. 25 N.C. Admin. Code 1 1 .2301(e). Petitioner is an employee covered under the provisions of G.S. 126-5(a)(2). 

4. Petitioner's conduct on the morning of November 20, 1996, although arguably inappropriate under the circumstances, 
was not sufficient to constitute gross misconduct or personal misconduct, particularly in light of petitioner's extended work day 
for 16 hours from his previous shift. The Petitioner's nurturing relationship with Mr, T and his attempt at the time to redirect 
Mr. T's untoward behavior and verbal abuse, was a good faith attempt on the part of the Petitioner to accomplish a work 
objective. There was no intent on the Petitioner's part to direct offensive, unwelcome or assaultive contact on Mr. T. Not all 
touching between health care personnel and residents would constitute assaultive, abusive behavior. Based upon prior 
experience, the touching should not have been unwelcome or offensive. What heightened this particular incident was Mr. T's 
uncharacteristic reaction to the touching and horseplay gesture. 

5. Not only did this touching not constitute grounds for gross or personal misconduct as just cause for the petitioner's 
discharge but, by its nature and circumstances, was related to the petitioner's job performance at the time. Petitioner was 
attempting to redirect untoward conduct by a means that petitioner believed would redirect Mr. T's behavior, based upon their 
past close relationship. 

6. Due to the heightened attention paid by officials to any allegation of patient abuse from assaultive behavior, it is 
understandable how Respondent's management would be particularly apprehensive and concerned about any contact between an 
employee and a resident that could be interpreted as patient abuse. 

7. In the interpretive guidelines of intermediate care facilities for persons with mental retardation, the term "physical" 
abuse is defined. "Physical abuse" refers to any physical motion or action, (e.g., hitting, slapping, punching, kicking, 
pinching, etc.) by which bodily harm or trauma occurs. It includes use of corporal punishment as well as the use of any 
restrictive, intrusive procedure to control inappropriate behavior for purposes of punishment. Petitioner did not commit 
physical abuse. 

8. In the interpretive guidelines of intermediate care facilities for persons with mental retardation, the term "verbal" 
abuse is defined. "Verbal abuse" refers to any use of oral, written or gestured language by which abuse occurs. This includes 
pejorative and derogatory terms to described persons with disabilities." Petitioner did not commit verbal abuse 

9. In the interpretive guidelines of intermediate care facilities for persons with mental retardation, the term "abuse" is 
defined. "Abuse" refers to the ill treatment, violation, revilement, malignment, exploitation and/or otherwise disregard of any 
individual, whether purposeful or due to carelessness, inattentiveness or admission of the perpetrator. Likewise, petitioner did 
nol". commit abuse. 

10. If under the circumstances, petitioner's attempt to redirect Mr. T's behavior was determined to be inappropriate, 
petitioner should have been counseled; given a written warning-, or some other form of disciplinary action, short of dismissal, 
as no reasonable person would expect that petitioner's conduct would warrant dismissal under these circumstances without 
prior warnings. 

1 1 . Petitioner's own account of the incident is not credible in light of Ms. Robinson's testimony. Ordinarily, this lack of 
credibility would seriously injure petitioner's case, but the account of Ms. Robinson must be taken as an accurate portrayal of 
the incident and, nothwithstanding the petitioner's different account, does not rise to the level of misconduct sufficient to 
discharge the petitioner. 

12. The undersigned finds that the petitioner's conduct was not outside of the scope of his duties while he was attempting 
to redirect Mr. T's behavior and, therefore, is Job related performance as opposed to personal misconduct. Petitioner should 
have received progressive warnings as to his job performance prior to his termination. 

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned enters the following: 



12:12 NORTH CAROLINA REGISTER December 15, 1997 1090 



CONTESTED CASE DECISIONS 



RECOMMENDED DECISION 

That Respondent's personnel action to discharge the petitioner be rescinded and that the petitioner be reinstated to his 
former position with back pay and attorney's fees. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, PO 
Drawer 27447, Raleigh, NC 2761 1-7447, in accordance with North Carolina General Statute 15013-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 15013-36(a). 

The agency that will make the final decision in this contested case is Trend Community Mental Health Services. 

This the, 24th day of November. 1997. 



♦ 



Julian Mann, III 

Chief Administrative Law Judge 



« 



♦ 



1091 NORTH CAROLINA REGISTER December 15, 1997 12:12 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



► 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. Tlie major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. Tfie other two, subchapters and sections are optional subdivisions 
to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinarv Medical Board 


66 



12:12 



NORTH CAROLINA REGISTER 



December 15, 1997 



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U 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



DESCRIPTION 



COM 



ANNUAL 
SUBSCRIPTION PRICE 



Title 1 - Dept. of Administration • Complete Title 

Division of Purchase & Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agriculture - Complete Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Tide 3 - Dept. of State Auditor • Complete Title 

Title 4 - Dept. of Commerce - Complete Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Title 5 - Dept. of Corrections • Complete Title 
Division of Prisons 

Title 6 - Council of State • Complete Title 

Title 7 - Dept. of Cultural Resources - Complete Title 

Title 8 - State Board of Elections ■ Complete Tine 

Title 9 - Offices of the Governor & Lt. Governor - Complete Tide 

Title 10 - Dept. of Human Resources - Complete Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Complete Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 1 2 - Dept. of Justice - Complete Title 

Private Protective Services 

Policy St Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 1 3 • Dept. of Labor - Complete Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Complete Title 

Alcohol Law Enforcement 
Victims Compensation Fund 

Title 1 5A - Dept. of Environ., Health, & Nat. Resources - Complete Title 

Environmental Management 

Air Quality 

Waier Quality 

Land & Waste Management 

Solid Waste Management 



20100 001 

201 10 051 

201 10 331 

202 00 001 

202 15 091 
202 15 341 
202 15 431 
202 15 481 

202 15 521 

203 00 001 

204 00 001 

204 15 021 
204 15 031 
204 15 061 
204 15 091 
204 15 101 

204 15 161 

205 00 001 

205 15 021 

206 00 001 

207 00 001 

208 00 001 

209 00 001 
21000 001 

210 20 101 
210 20 201 
210 20 301 
21020 401 
210 20411 
210 20 421 
210 20 431 
210 20 441 

210 20451 

211 00 001 

211 10011 

211 10 041 

211 10051 

211 10 061 

211 10081 

21200 001 

212 10071 
212 10091 

212 10 111 

21300 001 

213 15061 
213 20 001 

213 15 121 
213 15 131 
213 15 141 
213 15 151 

21400 001 

21400 081 
21400 111 

21500 001 

215 15001 
215 15 101 
215 15 201 
215 15301 
215 15311 



$90.00 

$30.00 
S25.00 

$140.00 

S35.00 
$30.00 
S30.00 
$30.00 
$30.00 

$25.00 
$125.00 

$45.00 
$45.00 
$25.00 
$25.00 
$30.00 
$35.00 

$70.00 

$35.00 

$30.00 
$60.00 
$30.00 
$45.00 
$470.00 

$95.00 

$40.00 

$110.00 

S185.00 

$55.00 

$45.00 

$40.00 

$25.00 

S45.00 

$90.00 

S80.00 
$30.00 
$25.00 
S35.00 
$30.00 

$90.00 

$30.00 
$40.00 
S30.00 

$110.00 

$25.00 

$70.00 
$25.00 
$25.00 
$25.00 
$25.00 

$45.00 

$25.00 
S25.00 

$395.00 

S165.00 

$90.00 

$85.00 

$85.00 

$50.00 



DESCRIPTION 



CODE 



ANNUAL 
SUBSCRIPTION PRICE 



Underground Storage Tanks 

Coastal Management, Fishing & Boating 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalizer 

Title 16 - Dept. of Public Instruction • Complete Title 

Elementary & Secondary Education 

Title 17 - Department of Revenue - Complete Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Tide 1 8 - Secretary of State - CompleteThHe 

Securities Division 

Title 1 9A • Dept. of Transportation - Complete Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Complete Title 

Title 21 - Occupational Licensing Boards - Complete Title 

Title 22 - Administrative Procedures - Repealed 

Title 23 • Community Colleges - Complete Title 

Title 24 • Independent Agencies - Complete Title 

Title 25 • Office of State Personnel - ComplefeTrtle 

Title 26 ■ Office of Administrative Hearings - Complete Title 

Trie 27 - North Carolina State Bar ■ Complete Trie 

North Carolina Administrative Code • Complete Code 

(Add 585.00 Shipping 3nd Handling) 

CD-ROM North Carolina Administrative Code 

(updated quarterly) 

CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Binder(s) Tittad "Office/ North Carolina Admmatratm CW«" 



215 15321 
215 15401 
215 25 001 
21525 101 
215 25 201 
215 25 301 

215 25311 

21600 001 

216 10061 

21700 001 

217 15 101 
217 15 201 
217 15 271 

217 15 291 

21800 001 

218 10 060 

219 00 001 

219 10021 

219 10031 

220 00 001 

221 00 001 
n/a 

223 00 001 

224 00 001 

225 00 001 

226 00 001 

227 00 001 
299 99 981 

266 00 001 

266 50 001 

288 50 001 
288 80 001 
299 90 000 



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$30.00 

$60.00 

$35.00 

$90.00 

$45.00 
$45.00 

$45.00 
$230.00 



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